Ctbrarp  of Che  Cheological  Seminary 

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SIAM’S  CASE 


FOR 

REVISION  OF  OBSOLETE  TREATY  OBLIGATIONS 


SUPPLEMENT 


SIAM’S  TREATIES 


SUPPLEMENT 


SIAM’S  CASE 

FOR 

REVISION  OF  OBSOLETE  TREATY  OBLIGATIONS 
ADMITTEDLY  INAPPLICABLE 


TO  PRESENT  CONDITIONS 


Treaties  and  Other  Documents 


TABLE  OF  CONTENTS. 


1.  Treaty  with  Great  Britain June  20,  1826 

2.  Treaty  with  United  States March  20,  1833 

3.  Treaty  with  Great  Britain April  18,  1855 

4.  Agreement  with  Great  Britain.  .May  13,  1856 

5.  Treaty  with  United  States May  29,  1856 

6.  Treaty  with  France August  15,  1856 

7.  Treaty  with  Denmark May  21,  1858 

8.  Treaty  with  Portugal February  10,  1859 

9.  Treaty  with  The  Netherlands. . .December  17,  1860 

10.  Treaty  with  Germany February  7,  1862 

11.  Convention  with  France August  7,  1867 

12.  Treaty  with  Sweden  and  Norway  May  18,  1868 

13.  Treaty  with  Belgium August  29,  1868 

14.  Treaty  with  Italy October  3,  1868 

15.  Treaty  with  Austria  Hungary. . May  17,  1869 

16.  Treaty  with  Spain February  23,  1870 

17.  Agreement  with  Great  Britain.  .April  6,  1883 

18.  Agreement  with  France May  23,  1883 

19.  Treaty  with  Great  Britain September  3,  18S3 

20.  Treaty  with  France October  3,  1893 

21.  Notes  of  Great  Britain October  28,  1896 

22.  Treaty  with  Japan February  25,  1898 

23.  Declaration  of  Russia June  11/23,  1899 

24.  Convention  with  France February  13,  1904 

25.  Convention  with  Denmark March  24,  1905 

26.  Convention  with  Italy April  8, 1905 

27.  Treaty  with  France March  23,  1907 

28.  Decree  of  France September  17,  1908 

29.  Treaty  with  Great  Britain March  10,  1909 

30.  Treaty  with  Denmark March  15,  1913 


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Great  Britain, 

1826. 

Treaty  with  the  King  of  Siam.  June  20,  1826. 

The  powerful  Lord  who  is  in  possession  of  every  good 
and  every  dignity,  the  God  Boodh,  who  dwells  over  every 
head  in  the  City  of  the  Sacred  and  Great  Kingdom  of 
Si-a-yoo-ther-sye  (titles  of  the  King  of  Siam),  incom- 
prehensible to  the  head  and  brain.  The  sacred  beauty 
of  the  Royal  Palace,  serene  and  infallible  there  (titles 
of  the  Waugno,  or  Second  King  of  Siam)  have  bestowed 
their  commands  upon  the  heads  of  their  Excellencies 
the  Ministers  of  high  rank  belonging  to  the  Sacred  and 
Great  Kingdom  of  Si-a-yoo-ther-sye,  to  assemble  and 
frame  a Treaty  with  Captain  Henry  Burney,  the  English 
Envoy  on  the  part  of  the  English  Government,  the 
Honourable  East  India  Company,  who  govern  the  Coun- 
tries in  India  belonging  to  the  English,  under  the 
authority  of  the  King  and  Parliament  of  England;  and 
the  Right  Honourable  Lord  Amherst,  Governor  of 
Bengal,  and  other  English  Officers  of  high  rank,  have 
deputed  Captain  Burney,  as  an  Envoy,  to  represent  them, 
and  to  frame  a Treaty  with  their  Excellencies  the  Min- 
isters of  high  rank  belonging  to  the  Sacred  and  Great 
Kingdom  of  Si-a-yoo-ther-sye,  in  view  that  the  Siamese 
and  English  Nations  may  become  great  and  true  friends, 
connected  in  love  and  affection,  with  genuine  candor  and 
sincerity  on  both  sides.  The  Siamese  and  English  frame 
2 uniform  copies  of  a Treaty,  in  order  that  1 copy  may  be 
placed  in  the  Kingdom  of  Siam,  and  that  it  may  become 
known  throughout  every  great  and  small  Province  sub- 
ject to  Siam ; and  in  order  that  1 copy  may  be  placed 
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in  Bengal,  and  that  it  may  become  known  throughout 
every  great  and  small  Province  subject  to  the  English 
Government,  both  copies  of  the  Treaty  will  be  attested 
by  the  Royal  Seal,  by  the  Seals  of  their  Excellencies  the 
Ministers  of  high  rank  in  the  City  of  the  Sacred  and 
Great  Kingdom  of  Si-a-yoo-ther-sye,  and  by  the  Seals  of 
the  Right  Honourable  Lord  Amherst,  Governor  of 
Bengal,  and  of  other  English  Officers  of  high  rank. 

Art.  I.  The  English  and  Siamese  engage  in  friend- 
ship, love,  and  affection,  with  mutual  truth,  sincerity, 
and  candour.  The  Siamese  must  not  meditate  or  commit 
evil,  so  as  to  molest  the  English  in  any  manner.  The 
English  must  not  meditate  or  commit  evil,  so  as  to  molest 
the  Siamese  in  any  manner.  The  Siamese  must  not  go 
and  molest,  attack,  disturb,  seize,  or  take  any  place,  ter- 
ritory, or  boundary  belonging  to  the  English  in  any 
Country  subject  to  the  English.  The  English  must  not 
go  and  molest,  attack,  disturb,  seize,  or  take  any  place, 
territory,  or  boundary  belonging  to  the  Siamese  in  any 
Country  subject  to  the  Siamese.  The  Siamese  shall  settle 
every  matter  within  the  Siamese  boundaries,  according 
to  their  own  will  and  customs. 

II.  Should  any  place  or  Country  subject  to  the 
English  do  anything  that  may  offend  the  Siamese,  the 
Siamese  shall  not  go  and  injure  such  place  or  Country, 
but  first  report  the  matter  to  the  English,  who  will 
examine  into  it  with  truth  and  sincerity;  and  if  the 
fault  lie  with  the  English,  the  English  shall  punish, 
according  to  the  fault.  Should  any  place  or  Country  sub- 
ject to  the  Siamese  do  anything  that  may  offend  the 

English,  the  English  shall  not  go  and  injure  such  place 

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or  Country,  but  first  report  the  matter  to  the  Siamese, 
who  will  examine  into  it  with  truth  and  sincerity ; and  if 
the  fault  lie  with  the  Siamese,  the  Siamese  shall  punish 
according  to  the  fault.  Should  any  Siamese  place  or 
Country,  that  is  near  an  English  Country,  collect  at  any 
time  an  army,  or  a fleet  of  boats,  if  the  Chief  of  the 
English  Country  inquire  the  object  of  such  force,  the 
Chief  of  the  Siamese  Country  must  declare  it.  Should 
any  English  place  or  Country  that  is  near  a Siamese 
Country,  collect  at  any  time  an  army,  or  a fleet  of  boats, 
if  the  Chief  of  the  Siamese  Country  shall  inquire  the 
object  of  such  force,  the  Chief  of  the  English  Country 
must  declare  it. 

III.  In  places  and  Countries  belonging  to  the  Siamese 
and  English,  lying  near  their  mutual  borders,  whether 
to  the  east,  west,  north  or  south,  if  the  English  entertain 
a doubt  as  to  any  boundary  that  has  not  been  ascertained, 
the  Chief  on  the  side  of  the  English  must  send  a Letter 
with  some  men  and  people  from  his  frontier  posts,  to  go 
and  inquire  from  the  nearest  Siamese  Chief,  who  shall 
depute  some  of  his  Officers  and  people  from  his  frontier 
posts  to  go  with  the  men  belonging  to  the  English  Chief, 
and  point  out  and  settle  the  mutual  boundaries,  so  that 
they  may  be  ascertained  on  both  sides  in  a friendly 
manner.  If  a Siamese  Chief  entertain  a doubt  as  to  any 
boundary  that  has  not  been  ascertained,  the  Chief  on  the 
side  of  the  Siamese  must  send  a Letter  with  some  men 
and  people  from  his  frontier  post,  to  go  and  inquire  from 
the  nearest  English  Chief,  who  shall  depute  some  of  his 
Officers  and  people  from  his  frontier  post,  to  go  with  the 

men  belonging  to  the  Siamese  Chief,  and  point  out  and 

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settle  the  mutual  boundaries,  so  that  they  may  be  ascer- 
tained on  both  sides  in  a friendly  manner. 

IV.  Should  any  Siamese  subject  run  and  go  and  live 
within  the  boundaries  of  the  English,  the  Siamese  must 
not  intrude,  enter,  seize,  or  take  such  person  within  the 
English  boundaries,  but  must  report  and  ask  for  him  in 
a proper  manner;  and  the  English  shall  be  at  liberty  to 
deliver  the  party  or  not.  Should  any  English  subject 
run  and  go  and  live  within  the  boundaries  of  the  Siamese, 
the  English  must  not  intrude,  enter,  seize,  or  take  such 
persons  within  the  Siamese  boundaries,  but  must  report 
and  ask  for  him  in  a proper  manner;  and  the  Siamese 
shall  be  at  liberty  to  deliver  the  party  or  not. 

V.  The  English  and  Siamese  having  concluded  a 

Treaty,  establishing  a sincere  friendship  between  them, 

merchants,  subject  to  the  English  and  their  ships,  junks, 

and  boats,  may  have  intercourse  and  trade  with  any 

Siamese  Country  which  has  much  merchandise;  and  the 

Siamese  will  aid  and  protect  them,  and  permit  them  to 

buy  and  sell  with  facility.  Merchants,  subject  to  the 

Siamese,  and  their  boats,  junks,  and  ships,  may  have 

intercourse  and  trade  with  any  English  Country ; and  the 

English  will  aid  and  protect  them,  and  permit  them  to 

buy  and  sell  with  facility.  The  Siamese  desiring  to  go  to 

an  English  Country,  or  the  English  desiring  to  go  to  a 

Siamese  Country,  must  conform  to  the  customs  of  the 

place  or  Country,  on  either  side ; should  they  be  ignorant 

of  the  customs,  the  Siamese  or  English  Officers  must 

explain  them.  Siamese  subjects  who  visit  an  English 

Country,  must  conduct  themselves  according  to  the  estab- 
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lished  Laws  of  the  English  Country,  in  every  particular. 
The  English  subjects  who  visit  a Siamese  Country,  must 
conduct  themselves  according  to  the  established  Laws  of 
the  Siamese  Country,  in  every  particular. 

VI.  Merchants  subject  to  the  Siamese  or  English, 
going  to  trade  either  in  Bengal,  or  any  other  Country 
subject  to  the  English,  or  at  Bankok,  or  in  any  Country 
subject  to  the  Siamese,  must  pay  the  duties  upon  com- 
merce according  to  the  customs  of  the  place  or  Country, 
on  either  side;  and  such  merchants  and  the  inhabitants 
of  the  Country  shall  be  allowed  to  buy  and  sell  without 
the  intervention  of  other  persons  in  such  Countries. 
Should  a Siamese  or  English  merchant  have  any  com- 
plaint or  suit,  he  must  complain  to  the  Officers  and  Gov- 
ernors, on  either  side;  and  they  will  examine  and  settle 
the  same,  according  to  the  established  Laws  of  the  place 
or  Country,  on  either  side.  If  a Siamese  or  English  mer- 
chant buy  or  sell,  without  inquiring  and  ascertaining 
whether  the  seller  or  buyer  be  of  a bad  or  good  character ; 
and  if  he  meet  with  a bad  man,  who  takes  the  property 
and  absconds,  the  Rulers  and  Officers  must  make  search 
and  produce  the  person  of  the  absconder,  and  investigate 
the  matter  with  sincerity.  If  the  party  possess  money  or 
property,  he  can  be  made  to  pay ; but  if  he  do  not  possess 
any,  or  if  he  cannot  be  apprehended,  it  will  be  the  mer- 
chant’s own  fault. 

VII.  A merchant  subject  to  the  Siamese  or  English, 

going  to  trade  in  any  English  or  Siamese  Country,  and 

applying  to  build  godowns  or  houses,  or  to  buy  or  hire 

shops  or  houses,  in  which  to  place  his  merchandize,  the 
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Siamese  or  English  Officers  and  Rulers  shall  be  at  liberty 
to  deny  him  permission  to  stay.  If  they  permit  him  to 
stay,  he  shall  land  and  take  up  his  residence  according 
to  such  terms  as  may  be  mutually  agreed  on;  and  the 
Siamese  or  English  Officers  and  Rulers  will  assist  and 
take  proper  care  of  him,  preventing  the  inhabitants  of  the 
Country  from  oppressing  him,  and  preventing  him  from 
oppressing  the  inhabitants  of  the  Country.  Whenever  a 
Siamese  or  English  merchant  or  subject,  who  has  nothing 
to  detain  him,  requests  permission  to  leave  the  Country, 
and  to  embark  with  his  property  on  board  of  any  vessel, 
he  shall  be  allowed  to  do  so  with  facility. 

VIII.  If  a merchant  desire  to  go  and  trade  in  any 
place  or  Country  belonging  to  the  English  or  Siamese, 
and  his  ship,  boat,  or  junk,  meet  with  any  injury  what- 
ever, the  English  or  Siamese  Officers  shall  afford  ade- 
quate assistance  and  protection.  Should  any  vessel  be- 
longing to  the  Siamese  or  English  be  wrecked  in  any 
place  or  Country  where  the  English  or  Siamese  may  col- 
lect any  of  the  property  belonging  to  such  vessel,  the 
English  or  Siamese  Officers  shall  make  proper  inquiry, 
and  cause  the  property  to  be  restored  to  its  owner,  or  in 
case  of  his  death,  to  his  heir,  and  the  owner  or  heir  will 
give  a proper  remuneration  to  the  persons  who  may  have 
collected  the  property.  If  any  Siamese  or  English  sub- 
ject die  in  an  English  or  Siamese  Country,  whatever 
property  he  may  leave  shall  be  delivered  to  his  heir;  if 
the  heir  be  not  living  in  the  same  Country,  and  unable 
to  come,  appoint  a person  by  Letter  to  receive  the  prop- 
erty, the  whole  of  it  shall  be  delivered  to  such  person. 


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IX.  Merchants  subject  to  the  English,  desiring  to 
come  and  trade  in  any  Siamese  Country,  with  which  it 
has  not  been  the  custom  to  have  trade  and  intercourse, 
must  first  go  and  inquire  of  the  Governor  of  the  Country. 
Should  any  Country  have  no  merchandize,  the  Governor 
shall  inform  the  ship  that  has  come  to  trade  that  there 
is  none.  Should  any  country  have  merchandize  sufficient 
for  a ship,  the  Governor  shall  allow  her  to  come  and 
trade. 

X.  The  English  and  Siamese  mutually  agree,  that 
there  shall  be  an  unrestricted  trade  between  them  in  the 
English  Countries  of  Prince  of  Wales’  Island,  Malacca, 
and  Singapore,  and  the  Siamese  Countries  of  Ligore, 
Merdilony,  Singora,  Patam,  Junkceylon,  Queda,  and 
other  Siamese  Provinces.  Asiatic  merchants  of  the 
English  Countries,  not  being  Burmese,  Peguers,  or 
descendants  of  Europeans,  shall  be  allowed  to  trade 
freely  overland,  and  by  means  of  the  rivers.  Asiatic 
merchants,  not  being  Burmese,  Peguers,  or  descend- 
ants of  Europeans,  desiring  to  enter  into  and  trade 
with  the  Siamese  Dominions,  from  the  Countries  of 
Mergni,  Tavoy,  Tenasserim,  and  Ye,  which  are  now 
subject  to  the  English,  will  be  allowed  to  do  so  freely, 
overland  and  by  water,  upon  the  English  furnishing  them 
with  proper  certificates;  but  merchants  are  forbidden  to 
bring  Opium,  which  is  positive^  a contraband  article  in 
the  Territories  of  Siam ; and  should  a merchant  intro- 
duce any,  the  Governor  shall  seize,  burn,  and  destroy  the 
whole  of  it. 

XI.  If  an  Englishman  desire  to  transmit  a letter  to 

any  person  in  a Siamese  or  other  Country,  such  person 
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only,  and  no  other,  shall  open  and  look  into  the  letter. 
If  a Siamese  desire  to  transmit  a letter  to  any  person 
in  an  English  or  other  Country,  such  person  only,  and  no 
other,  shall  open  and  look  into  the  letter. 

XII.  Siam  shall  not  go  and  obstruct  or  interrupt  com- 
merce in  the  States  of  Tringano  and  Calantan.  English 
merchants  and  subjects  shall  have  trade  and  intercourse 
in  future  with  the  same  facility  and  freedom  as  they 
have  heretofore  had,  and  the  English  shall  not  go  and 
molest,  attack,  or  disturb  those  States,  upon  any  pretense 
whatever. 

XIII.  The  Siamese  engage  to  the  English  that  the 
Siamese  shall  remain  in  Queda,  and  take  proper  care  of 
that  Country  and  of  its  people ; the  inhabitants  of  Prince 
of  Wales’  Island  and  of  Queda  shall  have  trade  and  inter- 
course as  heretofore ; the  Siamese  shall  levy  no  duty  upon 
stock  and  provisions,  such  as  cattle,  buffaloes,  poultry, 
fish,  paddy,  and  rice,  which  the  inhabitants  of  Prince  of 
Wales’  Island,  or  ships  there,  may  have  occasion  to  pur- 
chase in  Queda;  and  the  Siamese  shall  not  farm  the 
mouths  of  rivers  or  any  stream  in  Queda,  but  shall  levy 
fair  and  proper  import  and  export  duties.  The  Siamese 
further  engage,  that  when  Chao  Pliya  of  Ligore  re- 
turns from  Bankok,  he  shall  release  the  slaves,  personal 
servants,  family  and  kindred  belonging  to  the  former 
Governor  of  Queda,  and  permit  them  to  go  and  live 
wherever  they  please.  The  English  engage  to  the 
Siamese,  that  the  English  do  not  desire  to  take  posses- 
sion of  Queda,  that  they  will  not  attack  nor  disturb  it, 
nor  permit  the  former  Governor  of  Queda,  or  any  of  his 


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followers,  to  attack,  disturb,  or  injure  in  any  manner, 
the  Territory  of  Queda,  or  any  other  Territory  subject 
to  Siam.  The  English  engage  that  they  will  make 
arrangements  for  the  former  Governor  of  Queda  to  go 
and  live  in  some  other  Country,  and  not  at  Prince  of 
Wales’  Island  or  Prye,  or  in  Perak,  Salengore,  or  any 
Burmese  Country.  If  the  English  do  not  let  the  former 
Governor  of  Queda  go  and  live  in  some  other  Country, 
as  here  engaged,  the  Siamese  may  continue  to  levy  an 
export  duty  upon  paddy  and  rice  in  Queda.  The  English 
will  not  prevent  any  Siamese,  Chinese,  or  other  Asiatic, 
at  Prince  of  Wales’  Island,  from  going  to  reside  in  Queda, 
if  they  desire  it. 

XIV.  The  Siamese  and  English  mutually  engage,  that 
the  Rajah  of  Perak  shall  govern  his  Country  according 
to  his  own  will.  Should  he  desire  to  send  the  Gold  and 
Silver  Flowers  to  Siam  as  heretofore,  the  English  will 
not  prevent  his  doing  as  he  may  desire.  If  Chao  Phya 
of  Ligore  desire  to  send  down  to  Perak,  with  friendly 
intentions,  40  or  50  men,  whether  Siamese,  Chinese,  or 
other  Asiatic  subjects  of  Siam ; or  if  the  Rajah  of  Perak 
desires  to  send  any  of  his  Ministers  or  Officers  to  seek 
Chao  Phya  of  Ligore,  the  English  shall  not  forbid  them. 
The  Siamese  or  English  shall  not  send  any  force  to  go 
and  molest,  attack,  or  disturb  Perak.  The  English  will 
not  allow  the  State  of  Salengore  to  attack  or  disturb 
Perak ; and  the  Siamese  shall  not  go  and  attack  or  dis- 
turb Salengore.  The  arrangements  stipulated  in  these 
two  last  Articles  respecting  Perak  and  Queda,  Chao  Phya 
of  Ligore  shall  execute  as  soon  as  he  returns  home  from 

Bankok. 

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The  14  Articles  of  this  Treaty,  let  the  great  and 
subordinate  Siamese  and  English  Officers,  together  with 
every  great  and  small  Province,  hear,  receive,  and  obey 
without  fail. 

Their  Excellencies  the  Ministers  of  high  rank  at 
Bankok,  and  Captain  Henry  Burney,  whom  the  Right 
Honourable  Lord  Amherst,  Governor  of  Bengal,  deputed 
as  an  Envoy  to  represent  his  Lordship,  framed  this 
Treaty  together,  in  the  presence  of  Prince  Ivroin  Menu 
Soorin  Thirakser,  in  the  City  of  the  Sacred  and  Great 
Kingdom  of  Si-a-yoo-ther-sye.  The  Treaty,  written  in  the 
Siamese,  Malayan,  and  English  languages,  was  concluded 
on  Tuesday,  on  the  1st  day  of  the  7th  decreasing  moon, 
1188  year,  dog  8,  according  to  the  Siamese  era,  corre- 
sponding with  the  20th  of  June,  1826,  of  the  European 
era.  Both  copies  of  the  Treaty  are  sealed  and  attested 
by  their  Excellencies  the  Ministers  and  by  Captain  Henry 
Burnej7.  One  copy  Henry  Burney  will  take  for  the  rati- 
fication of  the  Governor  of  Bengal ; and  1 copy,  bearing 
the  Royal  Seal,  Chao  Pliya  of  Ligore  will  take  and  place 
at  Queda.  Captain  Burney  appoints  to  return  to  Prince 
of  Wales’  Island  in  7 months,  in  the  2nd  moon  of  the 
year  1188,  dog  8,  and  to  exchange  the  Ratification  of  this 
Treaty  with  Plira  Pliak  di  Bori-rak,  at  Queda. 

The  Siamese  and  English  will  form  a friendship  that 
shall  be  perpetuated,  that  shall  know  no  end  or  inter- 
ruptions as  long  as  heavens  and  earth  appear. 

A literal  translation  from  the  Siamese. 

H.  Burney,  Captain,  Envoy  to  the 
Court  of  Siam. 

(l.  s.)  Amherst. 

[place  for  the 

king  of  Siam's  seal] 

2 


15 


Ratified  by  the  Right  Honourable  the  Governor-Gen- 
eral, in  Camp,  at  Agra,  this  17th  day  of  January,  1827. 
(l.  s.)  By  command  of  the  Governor-General. 


A.  Stirling,  Secy,  to  Govt.,  in 
attendance  on  the  Govr.-Gen. 


[seal  of 

[SEAL  OF 

CHAO  PHYA 
CHAK-KRl] 

CHAO  PHYA 
AKHO  MAHASIVA 

(L.  S.) 

COMBERMERE. 

KALAHONE.] 

[SEAL  OF 
CHAO  PHYA 

[SEAL  OF 
CHAO  PHYA 

(L.  S.) 

J.  H. 

Harrington. 

PHRA  KHLANG.] 

THARANA.] 

[SEAL  OF 
CHAO  PHYA 

[SEAL  OF 
CHAO  PHYA 

(L.  S.) 

W.  B. 

Bayley. 

PHOLLO-THEP.] 

YOMORAT.] 

H.  Burney,  Captain,  Envoy  to  the 
Court  of  Siam  from  the  Right 
Honourable  the  Governor-Gen- 
eral of  British  India. 

By  command  of  the  Vice-President  in  Council, 

G.  Swinton,  Secretary  to  Govt. 


2 


16 


United  States, 

1833. 

Treaty  of  Amity  and  Commerce  between  the 
United  States  and  Siam. — Signed  at  Sia-Yuthia  (Ban- 
kok  ) , 20th  March,  1833. 

A Proclamation. — By  the  President  of  The  United 
States  of  America. 

Whereas  A Treaty  of  Amity  and  Commerce  between 
The  United  States  of  America  and  His  Majesty  the  King 
of  Siam  was  concluded  and  signed  at  the  City  of  Sia- 
Yuthia,  commonly  called  Bankok,  on  the  20th  day  of 
March,  in  the  year  of  our  Lord  1833,  which  Treaty  is, 
word  for  word,  as  follows : 

Treaty  of  Amity  and  Commerce  between  His  Majesty 
the  Magnificent  King  of  Siam  and  The  United  States  of 
America. 

His  Majesty  the  Sovereign  and  Magnificent  King,  in 
the  City  of  Sia-Yuthia,  has  appointed  the  Chau  Phaya- 
Phraklang,  one  of  the  first  Ministers  of  State,  to  treat  with 
Edmund  Roberts,  Minister  of  The  United  States  of 
America,  who  has  been  sent  by  the  Government  thereof, 
on  its  behalf,  to  form  a Treaty  of  sincere  friendship  and 
entire  good  faith  between  the  two  Nations.  For  this 
purpose,  the  Siamese  and  the  Citizens  of  The  United 
States  of  America  shall,  with  sincerity,  hold  commercial 
intercourse  in  the  Ports  of  their  respective  Nations  as 
long  as  Heaven  and  Earth  shall  endure. 

This  Treaty  is  concluded  on  Wednesday,  the  last  of 

the  fourth  month  of  the  year  1194,  called  Pi-marong-chat- 

2 


17 


tavasok,  or  the  year  of  the  Dragon,  corresponding  to  the 
20th  day  of  March,  in  the  year  of  our  Lord  1833.  One 
original  is  written  in  Siamese,  the  other  in  English ; but 
as  the  Siamese  are  ignorant  of  English,  and  the  Americans 
of  Siamese,  a Portuguese  and  a Chinese  translation  are 
annexed,  to  serve  as  testimony  to  the  contents  of  the 
Treaty.  The  writing  is  of  the  same  tenor  and  date  in  all 
the  languages  aforesaid.  It  is  signed,  on  the  one  part, 
with  the  name  of  the  Chau  Pliaya  Phra-klang,  and  sealed 
with  the  seal  of  the  lotus  flower,  of  glass.  On  the  other 
part,  it  is  signed  with  the  name  of  Edmund  Roberts,  and 
sealed  with  a seal  containing  an  eagle  and  stars. 

One  Copy  will  be  kept  in  Siam,  and  another  will  be 
taken  by  Edmund  Roberts  to  The  United  States.  If  the 
Government  of  The  United  States  shall  ratify  the  said 
Treaty,  and  attach  the  Seal  of  the  Government,  then  Siam 
will  also  ratify  it  on  its  part,  and  attach  the  Seal  of  its 
Government. 

Art.  I.  There  shall  be  a perpetual  Peace  between  The 
United  States  of  America  and  the  Magnificent  King  of 
Siam. 

II.  The  Citizens  of  The  United  States  shall  have  free 
liberty  to  enter  all  the  Torts  of  the  Kingdom  of  Siam,  with 
their  Cargoes,  of  whatever  kind  the  said  Cargoes  may 
consist;  and  they  shall  have  liberty  to  sell  the  same  to 
any  of  the  Subjects  of  the  King,  or  others  who  may  wish 
to  purchase  the  same,  or  to  barter  the  same  for  any  pro- 
duce or  manufacture  of  the  Kingdom,  or  other  articles 
that  may  be  found  there.  No  prices  shall  be  fixed  by  the 
Officers  of  the  King  on  the  articles  to  be  sold  by  the 
Merchants  of  The  United  States,  or  the  merchandise  they 


18 


may  wish  to  buy,  but  the  Trade  shall  be  free  on  both  sides, 
to  sell,  or  buy,  or  exchange,  on  the  terms  and  for  the 
prices  the  owners  may  think  fit.  Whenever  the  said 
Citizens  of  The  United  States  shall  be  ready  to  depart, 
they  shall  be  at  liberty  so  to  do,  and  the  proper  Officer 
shall  furnish  them  with  Passports:  Provided  always , 
There  be  no  legal  impediment  to  the  contrary.  Nothing 
contained  in  this  Article  shall  be  understood  as  granting 
permission  to  import  and  sell  Munitions  of  War  to  any 
Person  excepting  to  the  King,  who,  if  he  does  not  re- 
quire, will  not  be  bound  to  purchase  them ; neither  is  per- 
mission granted  to  import  Opium,  which  is  contraband; 
or  to  export  Rice,  which  cannot  be  embarked  as  an  article 
of  commerce.  These  only  are  prohibited. 

III.  Vessels  of  The  United  States  entering  any  Port 
within  His  Majesty's  Dominions,  and  selling  or  purchas- 
ing Cargoes  of  merchandise,  shall  pay,  in  lieu  of  import 
and  export  duties,  tonnage,  license  to  trade,  or  any  other 
charge  whatever,  a measurement  duty  only,  as  follows: 
The  measurement  shall  be  made  from  side  to  side,  in 
the  middle  of  the  Vessel’s  length  ; and,  if  a single-decked 
Vessel,  on  such  single  deck ; if  otherwise,  on  the  lower 
deck.  On  every  Vessel,  selling  merchandise,  the  sum  of 
1700  Ticals,  or  Bats,  shall  be  paid  for  every  Siamese 
fathom  in  breadth,  so  measured;  the  said  fathom  being 
computed  to  contain  78  English  or  American  inches,  cor- 
responding to  96  Siamese  inches;  but  if  the  said  Vessel 
should  come  without  merchandise,  and  purchase  a Cargo 
with  specie  only,  she  shall  then  pay  the  sum  of  1500  Ticals, 
or  Bats,  for  each  and  every  fathom  before  described. 

Furthermore,  neither  the  aforesaid  measurement  duty, 
2 


19 


nor  any  other  charge  whatever,  shall  be  paid  by  any  Ves- 
sel of  the  United  States  that  enters  a Siamese  Port  for 
the  purpose  of  refitting,  or  for  refreshments,  or  to  inquire 
the  state  of  the  market. 

IV.  If  hereafter  the  Duties  payable  for  Foreign  Ves- 
sels be  diminished  in  favour  of  any  other  Nation,  the  same 
diminution  shall  be  made  in  favour  of  the  Vessels  of  The 
United  States. 

V.  If  any  Vessel  of  The  United  States  shall  suffer 
shipwreck  on  any  part  of  the  Magnificent  King’s  Domin- 
ions, the  Persons  escaping  from  the  Wreck  shall  be  taken 
care  of  and  hospitably  entertained  at  the  expense  of  the 
King,  until  they  shall  find  an  opportunity  to  be  returned 
to  their  Country;  and  the  property  saved  from  such 
Wreck  shall  be  carefully  preserved  and  restored  to  its 
owners;  and  The  United  States  will  repay  all  expenses 
incurred  by  His  Majesty  on  account  of  such  Wreck. 

VI.  If  any  Citizen  of  The  United  States,  coming  to 
Siam  for  the  purpose  of  trade,  shall  contract  debts  to  any 
Individual  of  Siam,  or  if  any  Individual  of  Siam  shall 
contract  debts  to  any  Citizen  of  The  United  States,  the 
Debtor  shall  be  obliged  to  bring  forward  and  sell  all  his 
goods  to  pay  his  debts  therewith.  When  the  products  of 
such  bond  fide  sale  shall  not  suffice,  he  shall  no  longer  be 
liable  for  the  remainder,  nor  shall  the  Creditor  be  able  to 
retain  him  as  a Slave,  imprison,  flog,  or  otherwise  punish 
him,  to  compel  the  payment  of  any  balance  remaining  due, 
but  shall  leave  him  at  perfect  liberty. 

^ II.  Merchants  of  The  United  States  coming  to  trade 

in  the  Kingdom  of  Siam  and  wishing  to  rent  houses 
2 


20 


therein,  shall  rent  the  King’s  Factories,  and  pay  the  cus- 
tomary rent  of  the  Country.  If  the  said  Merchants  bring 
their  goods  on  short,  the  King's  Officers  shall  take  account 
thereof,  but  shall  not  levy  any  Duty  thereupon. 

VIII.  If  any  Citizens  of  The  United  States,  or  their 
Vessels,  or  other  property,  shall  be  taken  by  Pirates  and 
brought  within  the  Dominions  of  the  Magnificent  King, 
the  Persons  shall  be  set  at  liberty,  and  the  property  re- 
stored to  its  owners. 

IX.  Merchants  of  The  United  States  trading  in  the 
Kingdom  of  Siam  shall  respect  and  follow  the  Laws  and 
customs  of  the  Country  in  all  points. 

X.  If  hereafter  any  Foreign  Nation  other  than  the 
Portuguese  shall  request  and  obtain  His  Majesty’s  con- 
sent to  the  appointment  of  Consuls  to  reside  in  Siam,  The 
United  States  shall  be  at  liberty  to  appoint  Consuls  to 
reside  in  Siam,  equally  with  such  other  Foreign  Nation. 

Whereas,  the  Undersigned,  Edmund  Roberts,  a 
Citizen  of  Portsmouth,  in  the  State  of  New  Hampshire, 
in  The  United  States  of  America,  being  duly  appointed 
an  Envoy,  by  Letters  Patent,  under  the  Signature  of 
the  President  and  Seal  of  The  United  States  America, 
bearing  date  at  the  City  of  Washington,  the  26th  day  of 
January,  in  the  year  of  our  Lord  1832,  for  negotiating 
and  concluding  a Treaty  of  Amity  and  Commerce  between 
the  United  States  of  America  and  His  Majesty  the  King 
of  Siam : 

Now  know  ye,  that  I,  Edmund  Roberts,  Envoy  as 

aforesaid,  do  conclude  the  foregoing  Treaty  of  Amity  and 
2 


21 


Commerce,  and  every  Article  and  Clause  therein  con- 
tained; reserving  the  same,  nevertheless,  for  the  final 
Ratification  of  the  President  of  The  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the 
Senate  of  the  said  United  States. 

Done  at  the  Royal  City  of  Sia-Yuthia,  (commonly 
called  Bankok,)  on  the  20th  day  of  March,  in  the  year 
of  our  Lord  1833,  and  of  the  Independence  of  The  United 
States  of  America  the  57th. 

Edmund  Roberts. 

And  whereas,  the  said  Treaty  has  been  duly  ratified 
on  both  parts,  and  the  respective  Ratifications  of  the 
same  were  exchanged  at  the  City  of  Sia-Yuthia,  (com- 
monly called  Bankok,)  on  the  14th  day  of  April,  in  the 
year  of  our  Lord  1836 ; 

Now  therefore  be  it  known  that  I,  Martin  Van  Buren, 
President  of  The  United  States  of  America,  have  caused 
the  said  Treaty  to  be  made  public,  to  the  end  that  the 
same,  and  every  Clause  and  Article  thereof,  may  be  con- 
served and  fulfilled  with  good  faith  by  The  United  States, 
and  the  Citizens  thereof. 

In  witness  whereof  I have  hereunto  set  my  hand,  and 
caused  the  Seal  of  The  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  24th  day  of 
June,  in  the  year  of  our  Lord  1837,  and  of  the  Inde- 
pendence of  The  United  States  the  61st. 

(l.  s. ) Martin  Van  Buren. 
By  the  President : John  Forsyth,  Secretary  of  State. 


2 


22 


Great  Britain, 

1855. 

Treaty  of  Friendship  and  Commerce,  between 
Great  Britain  and  Siam. — Signed  at  Bangkok,  April 
18,  1855.* 

(Ratifications  exchanged  at  Bangkok,  April  5, 1856.) 

Her  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  and  all  its  dependencies,  and 
their  Majesties  Phra  Bard  Somdetch  Phra  Paramendr 
Maha  Mongkut  Phra  Chom  Klau  Chau  Yu  Hua,  the  First 
King  of  Siam,  and  Phra  Bard  Somdetch  Phra  Pawarendr 
Ramesr  Mahiswaresr  Phra  Pin  Klau  Chau  Yu  Hua,  the 
Second  King  of  Siam,  desiring  to  establish  upon  firm  and 
lasting  foundations  the  relations  of  peace  and  friendship 
existing  between  the  2 countries,  and  to  secure  the  best 
interests  of  their  respective  subjects  by  encouraging,  facil- 
itating, and  regulating  their  industry  and  trade,  have  re- 
solved to  conclude  a Treaty  of  Amity  and  Commerce  for 
this  purpose,  and  have,  therefore,  named  as  their  Pleni- 
potentiaries, that  is  to  say : 

Her  Majesty  the  Queen  of  Great  Britain  and  Ireland, 
Sir  John  Bowring,  Knight,  Doctor  of  Laws,  &c. ; 

And  Their  Majesties  the  First  and  Second  Kings  of 
Siam,  His  Royal  Highness  Krom  Hluang  Wongsa  Dhiraj 
Snidh ; his  Excellency  Somdetch  Chau  Phaya  Parain 
Maha  Puyurawongse;  his  Excellency  Somdetch  Chau 
Phaya  Param  Maha  Bijai-neate;  his  Excellency  Chau 
Phaya  Sri  Suriwongse  Samuha  Phra  Kralahome;  and 
his  Excellency  Chau  Phaya,  Acting  Phra-Klang. 

*Signed  in  the  English  and  Siamese  languages. 


2 


23 


Who,  after  having  communicated  to  each  other  their 
respective  full  powers,  and  found  them  to  be  in  good  and 
due  form,  have  agreed  upon  and  concluded  the  following 
Articles : 

Art.  I.  There  shall  henceforward  be  perpetual  peace 
and  friendship  between  Her  Majesty  the  Queen  of  Great 
Britain  and  Ireland,  and  her  successors,  and  Their  Majes- 
ties the  First  and  Second  Kings  of  Siam,  and  their  suc- 
cessors. All  British  subjects  coming  to  Siam,  shall  receive 
from  the  Siamese  Government  full  protection  and  assist- 
ance to  enable  them  to  reside  in  Siam  in  all  security,  and 
trade  with  every  facility,  free  from  oppression  or  injury 
on  the  part  of  the  Siamese;  and  all  Siamese  subjects  going 
to  an  English  country  shall  receive  from  the  British  Gov- 
ernment the  same  complete  protection  and  assistance  that 
shall  be  granted  to  British  subjects  by  the  Government 
of  Siam. 

II.  The  interests  of  all  British  subjects  coming  to  Siam 
shall  he  placed  under  the  regulation  and  control  of  a Con- 
sul, who  will  be  appointed  to  reside  at  Bangkok : he  will 
himself  conform  to,  and  will  enforce  the  observance  by 
British  subjects  of,  all  the  provisions  of  this  Treaty,  and 
such  of  the  former  Treaty  negotiated  by  Captain  Burney 
in  1826,  as  shall  still  remain  in  operation.  He  shall  also 
give  effect  to  all  rules  or  regulations  that  are  now  or  may 
hereafter  be  enacted  for  the  government  of  British  sub- 
jects in  Siam,  the  conduct  of  their  trade,  and  for  the  pre- 
vention of  violations  of  the  laws  of  Siam.  Any  disputes 
arising  between  British  and  Siamese  subjects,  shall  be 
heard  and  determined  by  the  Consul,  in  conjunction  with 

the  proper  Siamese  officers;  and  criminal  offences  will 
2 


24 


be  punished,  in  the  ease  of  English  offenders,  by  the  Con- 
sul, according  to  English  laws,  and,  in  the  case  of  Siamese 
offenders,  by  their  own  laws,  through  the  Siamese  author- 
ities. But  the  Consul  shall  not  interfere  in  any  matters 
referring  solely  to  Siamese,  neither  will  the  Siamese 
authorities  interfere  in  questions  which  only  concern  the 
subjects  of  Her  Britannic  Majesty. 

It  is  understood,  however,  that  the  arrival  of  the  Brit- 
ish Consul  at  Bangkok  shall  not  take  place  before  the  rati- 
fication of  this  Treaty,  nor  until  10  vessels  owned  by  Brit- 
ish subjects,  sailing  under  British  colours,  and  with  Brit- 
ish papers,  shall  have  entered  the  port  of  Bangkok  for  pur- 
poses of  trade,  subsequent  to  the  signing  of  this  Treaty. 

III.  If  Siamese,  in  the  employ  of  British  subjects,  of- 
fend against  the  laws  of  their  country,  or  if  any  Siamese 
having  so  offended  or  desiring  to  desert,  take  refuge  with 
a British  subject  in  Siam,  they  shall  be  searched  for,  and, 
upon  proof  of  their  guilt  or  desertion,  shall  be  delivered 
up  by  the  Consul  to  the  Siamese  authorities.  In  like  man- 
ner, any  British  offenders  resident  or  trading  in  Siam, 
who  may  desert,  escape  to,  or  hide  themselves  in,  Siamese 
territory,  shall  be  apprehended  and  delivered  over  to  the 
British  Consul  on  his  requisition.  Chinese,  not  able  to 
prove  themselves  to  be  British  subjects,  shall  not  be  con- 
sidered as  such  by  the  British  Consul,  nor  be  entitled  to 
his  protection. 

IV.  British  subjects  are  permitted  to  trade  freely  in 
all  the  seaports  of  Siam,  but  may  reside  permanently  only 
at  Bangkok,  or  within  the  limits  assigned  by  this  Treaty. 
British  subjects  coming  to  reside  at  Bangkok  may  rent 

land,  and  buy  or  build  houses,  but  cannot  purchase  lands 

2 


25 


within  a circuit  of  200  sen  (not  more  than  4 miles 
English)  from  the  city  walls,  until  they  shall  have  lived 
in  Siam  for  10  years,  or  shall  obtain  special  authority 
from  the  Siamese  Government  to  enable  them  to  do  so. 
But  with  the  exception  of  this  limitation,  British  residents 
in  Siam  may  at  any  time  buy  or  rent  houses,  lands,  or 
plantations,  situated  anywhere  within  a distance  of  24 
hours’  journey  from  the  city  of  Bangkok,  to  be  computed 
by  the  rate  at  which  boats  of  the  country  can  travel.  In 
order  to  obtain  possession  of  such  lands  or  houses,  it  will 
be  necessary  that  the  British  subject  shall,  in  the  first 
place,  make  application  through  the  Consul  to  the  proper 
Siamese  officer;  and  the  Siamese  officer  and  the  Consul 
having  satisfied  themselves  of  the  honest  intentions  of 
the  applicant,  will  assist  him  in  settling,  upon  equitable 
terms,  the  amount  of  the  purchase-money,  will  mark  out 
and  fix  the  boundaries  of  the  property,  and  will  convey 
the  same  to  the  British  purchaser  under  sealed  deeds. 
Whereupon,  he  and  his  property  shall  be  placed  under 
the  protection  of  the  Governor  of  the  district  and  that 
of  the  particular  local  authorities;  he  shall  conform,  in 
ordinary  matters,  to  any  just  directions  given  him  by 
them,  and  will  be  subject  to  the  same  taxation  that  is 
levied  on  Siamese  subjects.  But  if  through  negligence, 
the  wrant  of  capital,  or  other  cause,  a British  subject 
should  fail  to  commence  the  cultivation  or  improvement 
of  the  lands  so  acquired  within  a term  of  3 years  from 
the  date  of  receiving  possession  thereof,  the  Siamese  Gov- 
ernment shall  have  the  power  of  resuming  the  property, 
upon  returning  to  the  British  subject  the  purchase-money 
paid  by  him  for  the  same. 


2 


26 


V.  All  British  subjects  intending  to  reside  in  Siam 
shall  be  registered  at  the  British  Consulate.  They  shall 
not  go  out  to  sea,  nor  proceed  beyond  the  limits  assigned 
by  this  Treaty  for  the  residence  of  British  subjects,  with- 
out a passport  from  the  Siamese  authorities,  to  be  applied 
for  by  the  British  Consul;  nor  shall  they  leave  Siam,  if 
the  Siamese  authorities  show  to  the  British  Consul  that 
legitimate  objections  exist  to  their  quitting  the  country. 
But  within  the  limits  appointed  under  the  preceding  Ar- 
ticle, British  subjects  are  at  liberty  to  travel  to  and  fro 
under  the  protection  of  a pass,  to  be  furnished  them  by 
the  British  Consul,  and  counter-sealed  by  the  proper  Siam- 
ese officer,  stating,  in  the  Siamese  character,  their  names, 
calling,  and  description.  The  Siamese  officers  at  the  Gov- 
ernment stations  in  the  interior  may,  at  any  time,  call 
for  the  production  of  this  pass,  and  immediately  on  its 
being  exhibited,  they  must  allow  the  parties  to  proceed; 
but  it  will  be  their  duty  to  detain  those  persons  who,  by 
travelling  without  a pass  from  the  Consul,  render  them- 
selves liable  to  the  suspicion  of  their  being  deserters ; and 
such  detention  shall  be  immediately  reported  to  the 
Consul. 

VI.  All  British  subjects  visiting  or  residing  in  Siam 
shall  be  allowed  the  free  exercise  of  the  Christian  re- 
ligion, and  liberty  to  build  churches  in  such  localities  as 
shall  be  consented  to  by  the  Siamese  authorities.  The 
Siamese  Government  will  place  no  restrictions  upon  the 
employment  by  the  English  of  Siamese  subjects  as 
servants,  or  in  any  other  capacity.  But  wherever  a 
Siamese  subject  belongs  or  owes  service  to  some  partic- 
ular master,  the  servant  who  engages  himself  to  a British 

2 


27 


subject,  without  the  consent  of  his  master,  may  be  re- 
claimed by  him ; and  the  Siamese  Government  will  not  en- 
force an  agreement  between  a British  subject  and  any 
Siamese  in  his  employ,  unless  made  with  the  knowledge 
and  consent  of  the  master,  who  has  a right  to  dispose  of 
the  services  of  the  person  engaged. 

VII.  British  ships  of  war  may  enter  the  river,  and 
anchor  at  Paknam,  but  they  shall  not  proceed  above  Pak- 
nam,  unless  with  the  consent  of  the  Siamese  authorities, 
which  shall  be  given  where  it  is  necessaiy  that  a ship  shall 
go  into  dock  for  repairs.  Any  British  ship  of  war  con- 
veying to  Siam  a public  functionary  accredited  by  Her 
Majesty's  Government  to  the  Court  of  Bangkok,  shall  be 
allowed  to  come  up  to  Bangkok,  but  shall  not  pass  the 
forts  called  Pong  Phrachamit  and  Pit-patch-nuck,  unless 
expressly  permitted  to  do  so  by  the  Siamese  Government ; 
but  in  the  absence  of  a British  ship  of  war,  the  Siamese 
authorities  engage  to  furnish  the  Consul  with  a force 
sufficient  to  enable  him  to  give  effect  to  his  authority  over 
British  subjects,  and  to  enforce  discipline  among  British 
shipping. 

VIII.  The  measurement  duty  hitherto  paid  by  British 
vessels  trading  to  Bangkok,  under  the  Treaty  of  1826, 
shall  be  abolished  from  the  date  of  this  Treaty  coming  into 
operation,  and  British  shipping  and  trade  will  thence- 
forth be  only  subject  to  the  payment  of  import  and  ex- 
port duties  on  the  goods  landed  or  shipped.  On  all  ar- 
ticles of  import  the  duties  shall  be  3 per  cent,  payable  at 
the  option  of  the  importer,  either  in  kind  or  money,  cal- 
culated upon  the  market  value  of  the  goods.  Drawback 

2 


28 


of  the  full  amount  of  duty  shall  be  allowed  upon  goods 
found  unsaleable  and  re-exported.  Should  the  British 
merchant  and  the  Custom-House  officers  disagree  as  to 
the  value  to  be  set  upon  imported  articles,  such  disputes 
shall  be  referred  to  the  Consul  and  proper  Siamese  of- 
ficer, who  shall  each  have  the  power  to  call  in  an  equal 
number  of  merchants  as  assessors,  not  exceeding  2 on 
either  side,  to  assist  them  in  coming  to  an  equitable  de- 
cision. 

Opium  may  be  imported  free  of  duty,  but  can  only  be 
sold  to  the  opium  farmer  or  his  agents.  In  the  event  of 
no  arrangement  being  effected  with  them  for  the  sale  of 
the  opium,  it  shall  be  re-exported,  and  no  impost  or  duty 
shall  be  levied  thereon.  Any  infringement  of  this  regula- 
tion shall  subject  the  opium  to  seizure  and  confiscation. 

Articles  of  export,  from  the  time  of  production  to  the 
date  of  shipment  shall  pay  1 impost  only,  whether  this  be 
levied  under  the  name  of  inland  tax,  transit  duty,  or 
duty  on  exportation.  The  tax  or  duty  to  be  paid  on  each 
article  of  Siamese  produce  previous  to  or  upon  exporta- 
tion, is  specified  in  the  Tariff  attached  to  this  Treaty  and 
it  is  distinctly  agreed  that  goods  or  produce  which  pay 
any  description  of  tax  in  the  interior,  shall  be  exempted 
from  any  further  payment  of  duty  on  exportation. 

English  merchants  are  to  be  allowed  to  purchase  di- 
rectly from  the  producer  the  articles  in  which  they  trade, 
and  in  like  manner  to  sell  their  goods  directly  to  the 
parties  wishing  to  purchase  the  same,  without  the  inter- 
ference, in  either  case,  of  any  other  person. 

The  rates  of  duty  laid  down  in  the  Tariff  attached  to 
this  Treaty,  are  those  that  are  now  paid  upon  goods  or 

produce  shipped  in  Siamese  or  Chinese  vessels  or  junks; 

2 


29 


and  it  is  agreed  that  British  shipping  shall  enjoy  all  the 
privileges  now  exercised  by,  or  which  hereafter  may  be 
granted  to,  Siamese  or  Chinese  vessels  or  junks. 

British  subjects  will  be  allowed  to  build  ships  in  Siam 
on  obtaining  permission  to  do  so  from  the  Siamese 
authorities. 

Whenever  a scarcity  may  be  apprehended,  of  salt, 
rice,  and  fish,  the  Siamese  Government  reserve  to  them- 
selves the  right  of  prohibiting,  by  public  proclamation, 
the  exportation  of  these  articles. 

Bullion,  or  personal  effects,  may  be  imported  or 
exported  free  of  charge. 

IX.  The  Code  of  Regulations  appended  to  this  Treaty 
shall  be  enforced  by  the  Consul,  with  the  co-operation  of 
the  Siamese  authorities;  and  they,  the  said  authorities 
and  Consul,  shall  be  enabled  to  introduce  any  further 
regulations  which  may  be  found  necessary,  in  order  to 
give  effect  to  the  objects  of  this  Treaty. 

All  fines  and  penalties  inflicted  for  infraction  of  the 
provisions  and  regulations  of  this  Treaty  shall  be  paid  to 
the  Siamese  Government. 

Until  the  British  Consul  shall  arrive  at  Bangkok,  and 
enter  upon  his  functions,  the  consignees  of  British  vessels 
shall  be  at  liberty  to  settle  with  the  Siamese  authorities 
all  questions  relating  to  their  trade. 

X.  The  British  Government  and  its  subjects  will  be 
allowed  free  and  equal  participation  in  any  privileges 
that  may  have  been,  or  may  hereafter  be,  granted  by  the 
Siamese  Government  to  the  Government  or  subjects  of 

any  other  nation. 

2 


30 


XI.  After  the  lapse  of  10  years  from  the  date  of  the 
ratification  of  this  Treaty,  upon  the  desire  of  either  the 
British  or  Siamese  Governments,  and  on  12  months’ 
notice  given  by  either  party,  the  present  and  such  por- 
tions of  the  Treaty  of  1826  as  remain  unrevoked  by  this 
Treaty,  together  with  the  Tariff  and  Regulations  here- 
unto annexed,  or  those  that  may  hereafter  be  introduced, 
shall  be  subject  to  revision  by  Commissioners  appointed 
on  both  sides  for  this  purpose,  who  will  be  empowered  to 
decide  on  and  insert  therein  such  amendments  as  experi- 
ence shall  prove  to  be  desirable. 

XII.  This  Treaty,  executed  in  English  and  Siamese, 
both  versions  having  the  same  meaning  and  intention, 
and  the  ratifications  thereof  having  been  previously 
exchanged,  shall  take  effect  from  the  6th  day  of  April,  in 
the  year  1856  of  the  Christian  era,  corresponding  to  the 
1st  day  of  the  5th  month  of  the  1218th  year  of  the 
Siamese  Civil  era. 

In  witness  whereof  the  above-named  Plenipotentiaries 
have  signed  and  sealed  the  present  Treaty,  in  quadrupli- 
cate, at  Bangkok,  on  the  18th  day  of  April,  in  the  year 
1855  of  the  Christian  era,  corresponding  to  the  2nd  day 
of  the  6th  month  of  the  1217th  year  of  the  Siamese  Civil 
era. 

(l.  s.)  John  Bowring. 

(Signatures  and  seals  of  the  5 Siamese  Plenipotentiaries.) 
General  Regulations  under  which  British  Trade  is 

TO  BE  CONDUCTED  IN  SlAM. 

Regulation  I.  The  master  of  every  English  ship 

coming  to  Bangkok  to  trade,  must,  either  before  or  after 
2 


31 


entering  the  river,  as  may  be  found  convenient,  report  the 
arrival  of  his  vessel  at  the  Custom-House  at  Paknam, 
together  with  the  number  of  his  crew  and  guns,  and  the 
port  from  whence  he  comes.  Upon  anchoring  his  vessel 
at  Paknam,  he  will  deliver  into  the  custody  of  the  Custom- 
House  officers  all  his  guns  and  ammunition ; and  a Cus- 
tom-House officer  will  then  be  appointed  to  the  vessel, 
and  will  proceed  in  her  to  Bangkok. 

Regulation  II.  A vessel  passing  Paknam  without  dis- 
charging her  guns  and  ammunition  as  directed  in  the 
foregoing  regulation,  will  be  sent  back  to  Paknam  to 
comply  with  its  provisions,  and  will  be  fined  800  ticals 
for  having  so  disobeyed.  After  delivery  of  her  guns  and 
ammunition  she  will  be  permitted  to  return  to  Bangkok 
to  trade. 

Regulation  III.  When  a British  vessel  shall  have 
cast  anchor  at  Bangkok,  the  master,  unless  a Sunday 
should  intervene,  will,  within  24  hours  after  arrival,  pro- 
ceed to  the  British  Consulate,  and  deposit  there  his  ship's 
papers,  bills  of  lading,  &c.,  together  with  a true  manifest 
of  his  import  cargo;  and  upon  the  Consul’s  reporting 
these  particulars  to  the  Custom-House,  permission  to 
break  bulk  will  at  once  be  given  by  the  latter. 

For  neglecting  so  to  report  his  arrival,  or  for  present- 
ing a false  manifest,  the  master  will  subject  himself,  in 
each  instance,  to  a penalty  of  400  ticals;  but  he  will  be 
allowed  to  correct,  within  24  hours  after  delivery  of  it 
to  the  Consul,  any  mistake  he  may  discover  in  his  mani- 
fest, without  incurring  the  above-mentioned  penalty. 

Regulation  IV.  A British  vessel  breaking  bulk,  and 

commencing  to  discharge  before  due  permission  shall  be 
2 


32 


obtained,  or  smuggling,  either  when  in  the  river  or  out- 
side the  bar,  shall  be  subject  to  the  penalty  of  800  ticals, 
and  confiscation  of  the  goods  so  smuggled  or  discharged. 

Regulation  V.  As  soon  as  a British  vessel  shall  have 
discharged  her  cargo,  and  completed  her  outward  lading, 
paid  all  her  duties,  and  delivered  a true  manifest  of  her 
outward  cargo  to  the  British  Consul,  a Siamese  port- 
clearance  shall  be  granted  her  on  application  from  the 
Consul,  who,  in  the  absence  of  any  legal  impediment  to 
her  departure,  will  then  return  to  the  master  his  ship’s 
papers,  and  allow  the  vessel  to  leave.  A Custom-House 
officer  will  accompany  the  vessel  to  Paknam ; and  on 
arriving  there  she  will  be  inspected  by  the  Custom-House 
officers  of  that  station,  and  will  receive  from  them  the 
guns  and  ammunition  previously  delivered  into  their 
charge. 

Regulation  VI.  Her  Britannic  Majesty’s  Plenipo- 
tentiary having  no  knowledge  of  the  Siamese  language, 
the  Siamese  Government  have  agreed  that  the  English 
text  of  these  Regulations,  together  with  the  Treaty  of 
which  they  form  a portion,  and  the  Tariff  hereunto 
annexed,  shall  be  accepted  as  conveying  in  every  respect 
their  true  meaning  and  intention. 

(l.  s.)  John  Bowring. 

(Signatures  and  seals  of  the  5 Siamese  Plenipotentiaries.) 

Tariff  of  Export  and  Inland  Duties  to  be  levied  on 
Articles  of  Trade. 

Section  I. — The  undermentioned  Articles  shall  be 

entirely  free  from  Inland  or  other  Taxes,  on  production 

or  transit,  and  shall  pay  Export  Duty  as  follows : 

2 


33 


1.  Ivory  

2.  Gamboge 

3.  Rhinoceros  horns 

4.  Cardamums,  best 

5.  Cardamums,  bastard 

6.  Dried  mussels 

7.  Pelicans’  quills 

8.  Betel  nut,  dried 

9.  Krachi  wood 

10.  Sharks’  fins,  white 

11.  Ditto,  black 

12.  Lukkrabau  seed 

13.  Peacocks’  tails 

14.  Buffalo  and  cow  bones 

15.  Rhinoceros  hides 

16.  Hide  cuttings 

17.  Turtle  shells 

18.  Soft  ditto 

19.  Beche  de  mer 

20.  Fish  maws 

21.  Birds’  nests,  uncleaned 

22.  Kingfishers’  feathers 

23.  Cutch 

24.  Beyche  seed  (JSiux  Vomica).  . . 

25.  Pungtarai  seed 

26.  Gum  Benjamin 

27.  Angrai  bark 

28.  Agilla  wood 

29.  Ray  skins 

30.  Old  deers’  horns 

31.  Soft,  or  young  ditto 

32.  Deer  hides,  fine 

33.  Ditto,  common 

34.  Deer  sinews 

35.  Buffalo  and  cow  hides 

36.  Elephants’  bones 

37.  Tigers’  bones 

38.  Buffalo  horns 

39.  Elephants’  hides 

40.  Tigers’  skins 

41.  Armadillo  skins 

42.  Sticklac 

43.  Hemp 

2 


Salung.  Fuang  Hun. 

0 0 0 Per  pecul. 

0 0 0 “ 

0 0 0 “ 

0 0 0 “ 

0 0 0 “ 

0 0 0 “ 

2 0 0 “ 

0 0 0 “ 

2 0 0 “ 

0 0 0 “ 

0 0 0 “ 

2 0 0 “ 

0 0 0 Per  100  tails. 

0 0 3 Per  pecul. 

2 0 0 “ 

10  0“ 

0 0 0 “ 

0 0 0 “ 

0 0 0 “ 

0 0 0 “ 

20  per  cent. 

0 0 0 Per  100. 

2 0 0 Per  pecul. 

2 0 0 “ 

2 0 0 “ 

0 0 0 “ 

2 0 0 “ 

0 0 0 “ 

0 0 0 “ 

10  0“ 

10  per  cent. 

0 0 0 Per  100  hides. 

0 0 0 “ 

0 0 0 Per  pecul. 

0 0 0 “ 

0 0 0 “ 

0 0 0 “ 

10  0“ 

10  0“ 

10  0 Per  skin. 

0 0 0 Per  pecul. 

10  0“ 

2 0 0 “ 


Tieal. 

10 

6 

50 

14 

6 

1 

2 

1 

0 

6 

3 

0 

10 

0 

0 

0 

1 

1 

3 

3 

6 

0 

0 

0 

4 

0 

2 

3 

0 

8 

3 

4 

1 

1 

5 

0 

0 

0 

4 

1 

1 


34 


Tical.  Sailing.  Fuang.  Han. 

44.  Dried  fish,  Plaheng 1 2 0 0 Per  pecul. 

45.  Ditto,  Plasalit 1 0 0 0 “ 

46.  Sapan  wood 0 2 1 0 “ 

47.  Salt  meat 2 0 0 0 “ 

48.  Mangrove  bark 0 1 0 0 “ 

49.  Rosewood 0 2 0 0 “ 

50.  Ebony 1 1 0 0 “ 

51.  Rice  4 0 0 0 Per  koyan. 

Section  II. — The  undermentioned  Articles  being  sub- 
ject to  the  Inland  or  Transit  Duties  herein  named,  and 
which  shall  not  be  increased,  shall  be  exempt  from  Ex- 
port Duty. 

Tical.  Salung.  Fuang.  Hun. 

52.  Sugar,  white 0 2 0 0 Per  pecul. 

58.  Ditto,  red 0 1 0 0 “ 

54.  Cotton,  cleaned  and  uncleaned  10  per  cent. 

55.  Pepper 1 0 0 0 “ 

56.  Salt-fish,  Platu 1 0 0 0 Per  10,000  fish. 

57.  Beans  and  peas One-twelfth. 

58.  Dried  Prawns One-twelfth. 

59.  Tilseed  One-twelfth. 

60.  Silk,  raw One-twelfth. 

61.  Bees’-wax  One-fifteenth. 

62.  Tallow 1 0 0 0 Per  pecul. 

63.  Salt 6 0 0 0 Per  koyan. 

64.  Tobacco  1 2 0 0 Per  1,000 

bndls. 

Section  III. — All  goods  or  produce  unenumerated  in 
this  Tariff  shall  be  free  of  Export  Duty,  and  shall  only 
be  subject  to  one  Inland  Tax  or  Transit  Duty,  not  exceed- 
ing the  rate  now  paid. 

(l.  s.)  John  Bowring. 

(Signatures  and  seals  of  the  5 Siamese  Plenipotentiaries.) 


2 


35 


Great  Britain, 

1856. 

Agreement  supplementary  to  the  Treaty  of  Friend- 
ship and  Commerce  between  Great  Britain  and  Siam. 
— Signed  at  Bangkok,  May  13,  1856. 

Agreement  entered  into  between  Harry  Smith 
Parkes,  Esq.,  on  the  part  of  Her  Britannic  Majesty’s 
Government,  and  the  under-mentioned  Royal  Com- 
missioners, ON  THE  PART  OF  THEIR  MAJESTIES  THE  FIRST 
and  Second  Kings  of  Siam. 

Mr.  Parkes  having  stated,  on  his  arrival  at  Bangkok, 
as  bearer  of  Her  Britannic  Majesty’s  ratification  of  the 
Treaty  of  Friendship  and  Commerce,  concluded  on  the 
18th  day  of  April,  1855,  between  Her  Majesty  the  Queen 
of  the  United  Kingdom  of  Great  Britain  and  Ireland,  and 
their  Majesties  Phra  Bard  Somdetch  Phra  Paramendr 
Maha  Mongkut  Phra  Chom  Klau  Chau  Yu  Hua,  the  First 
King  of  Siam,  and  Phra  Bard  Somdetch  Phra  Pawarendr 
Ramesr  Mahiswaresr  Phra  Pin  Klau  Chau  Yu  Hua,  the 
Second  King  of  Siam,  that  he  was  instructed  by  the  Earl 
of  Clarendon,  Her  Britannic  Majesty’s  Principal  Secre- 
tary of  State  for  Foreign  Affairs,  to  request  the  Siamese 
Government  to  consent  to  an  enumeration  of  those  Arti- 
cles of  the  former  Treaty,  concluded  in  1826,  between  the 
Honourable  East  India  Company  and  their  late  Majesties 
the  First  and  Second  Kings  of  Siam,  which  are  abrogated 
by  the  Treaty  first  named,  and  also  to  agree  to  certain 
explanations  which  appear  necessary  to  mark  the  precise 
force  and  application  of  certain  portions  of  the  new 
Treaty;  their  aforesaid  Majesties,  the  First  and  Second 
Kings  of  Siam,  have  appointed  and  empowered  certain 

Royal  Commissioners,  namely,  his  Royal  Highness  Krom 

2 


36 


Hluang  Wong-sa  Dbiraj  Snidh,  and  their  Excellencies  the 
4 Senaputhies  or  Principal  Ministers  of  Siam,  to  confer 
and  arrange  with  Mr.  Parkes  the  matters  above  named; 
and  the  said  Royal  Commissioners  having  accordingly 
met  Mr.  Parkes  for  this  purpose  on  repeated  occasions, 
and  maturely  considered  all  the  subjects  brought  by  him 
to  their  notice,  have  resolved: 

That  it  is  proper,  in  order  to  prevent  future  contro- 
versy, that  those  clauses  of  the  old  Treaty  which  are 
abrogated  by  the  New  Treaty  should  be  distinctly  speci- 
fied, and  that  any  clause  of  the  new  Treaty  which  is  not 
sufficiently  clear  should  be  fully  explained.  To  this  end 
they  have  agreed  to  and  concluded  the  following  12 
Articles : 

Art.  I. — On  the  old  Treaty  concluded  in  1826. 

The  Articles  of  the  old  Treaty  not  abrogated  by  the 
new  Treaty,  are  I,  II,  III,  VIII,  XI,  XII,  XIII,  and  XIV, 
and  the  under-mentioned  clauses  of  Articles  VI  and  X : 

In  Article  VI  the  Siamese  desire  to  retain  the  follow- 
ing clause : 

“If  a Siamese  or  English  merchant  buy  or  sell,  with- 
out inquiring  and  ascertaining  whether  the  seller  or 
buyer  be  of  a good  or  bad  character,  and  if  he  meet  with 
a bad  man,  who  takes  the  property  and  absconds,  the 
rulers  and  officers  on  either  side  must  make  search  and 
endeavor  to  produce  the  property  of  the  absconder,  and 
investigate  the  matter  with  sincerity.  If  the  party  possess 
money  or  property,  he  can  be  made  to  pay ; but  if  he  does 
not  possess  any,  or  if  he  cannot  be  apprehended,  it  will 
be  the  merchant’s  own  fault,  and  the  authorities  cannot 

be  held  responsible.” 

2 


37 


Of  Article  X,  Mr.  Parkes  desires  to  retain  that  clause 
relating  to  the  overland  trade,  which  states 

“Asiatic  merchants  of  the  English  countries,  not 
being  Burmese,  Pegouans,  or  descendants  of  Europeans, 
desiring  to  enter  into  and  to  trade  with  the  Siamese 
dominions,  from  the  countries  of  Mergui,  Tavoy,  Tenas- 
serim,  and  Ye,  which  are  now  subject  to  the  English,  will 
be  allowed  to  do  so  freely  overland  and  by  water,  upon  the 
English  furnishing  them  with  proper  certificates.” 

Mr.  Parkes,  however,  desires  that  all  British  subjects, 
without  exception,  shall  be  allowed  to  participate  in  this 
overland  trade.  The  said  Royal  Commissioners  therefore 
agree,  on  the  part  of  the  Siamese,  that  all  traders,  under 
British  rule,  may  cross  from  the  British  territories,  of 
Mergui,  Tavoy,  Ye,  Tenasserim,  Pegu,  or  other  places,  by 
land  or  by  water,  to  the  Siamese  territories,  and  may 
trade  there  with  facility,  on  the  condition  that  they  shall 
be  provided  by  the  British  authorities  with  proper  certifi- 
cates, which  must  be  renewed  for  each  journey. 

The  commercial  agreement  annexed  to  the  Old  Treaty 
is  abrogated  by  the  new  Treaty,  with  the  exception  of  the 
undermentioned  clauses  of  Articles  I and  IV. 

Of  Article  I the  Siamese  desire  to  retain  the  following 
clause : 

“British  merchants  importing  fire-arms,  shot  or  gun- 
powder, are  prohibited  from  selling  them  to  any  party 
but  the  Government.  Should  the  Government  not  require 
such  fire-arms,  shot,  or  gunpowder,  the  merchants  must 
re-export  the  whole  of  them.” 

Article  IV  stipulates  that  no  charge  or  duty  shall  be 
levied  on  boats  carrying  cargo  to  British  ships  at  the  bar. 

The  Siamese  desire  to  cancel  this  clause,  for  the  reason 
2 


38 


that  the  old  measurement  duty  of  1,700  ticals  per  fathom 
included  the  fees  of  the  various  officers ; but  as  this  meas- 
urement duty  has  now  been  abolished,  the  Siamese  wish 
to  levy  on  each  native  boat  taking  cargo  out  to  sea  a fee 
of  8 ticals  2 sailings,  this  being  the  charge  paid  by  Siamese 
traders;  and  Mr.  Parkes  undertakes  to  submit  this  point 
to  the  consideration  of  Her  Majesty's  Minister  Plenipo- 
tentiary to  the  Court  of  Siam. 

Art.  II. — On  the  exclusive  Jurisdiction  of  the  Consul 
over  British  Subjects. 

The  Ilnd  Article  of  the  Treaty  stipulates  that — “Any 
disputes  arising  between  British  and  Siamese  subjects 
shall  be  heard  and  determined  by  the  Consul  in  conjunc- 
tion with  the  proper  Siamese  officers;  and  criminal  of- 
fenders will  be  punished,  in  the  case  of  English  offenders, 
by  the  Consul  according  to  English  laws,  and,  in  the  case 
of  Siamese  offenders,  by  their  own  laws,  through  the  Siam- 
ese authorities;  but  the  Consul  shall  not  interfere  in  any 
matters  referring  solely  to  Siamese,  neither  will  the  Siam- 
ese authorities  interfere  in  questions  which  only  concern 
the  subjects  of  Her  Britannic  Majesty.” 

On  the  non-interference  of  the  Consul  with  the  Siam- 
ese, or  of  Siamese  with  British  subjects,  the  said  Royal 
Commissioners  desire  in  the  first  place,  to  state  that  while, 
for  natural  reasons,  they  fully  approve  of  the  Consul  hold- 
ing no  jurisdiction  over  Siamese  in  their  own  country,  the 
Siamese  authorities,  on  the  other  hand,  will  feel  them- 
selves bound  to  call  on  the  Consul  to  apprehend  and  pun- 
ish British  subjects  who  shall  commit,  whilst  in  Siamese 
territory,  any  grave  infractions  of  the  laws,  such  as  cut- 
ting, wounding,  or  inflicting  other  serious  bodily  harm. 

2 


39 


But  in  disputes,  or  in  offences  of  a slighter  nature,  com- 
mitted by  British  subjects  among  themselves,  the  Siamese 
authorities  will  refrain  from  all  interference. 

With  reference  to  the  punishment  of  offences,  or  the 
settlement  of  disputes,  it  is  agreed : 

That  all  criminal  cases  in  which  both  parties  are  Brit- 
ish subjects,  or  in  which  the  defendant  is  a British  subject, 
shall  be  tried  and  determined  by  the  British  Consul  alone. 
All  criminal  cases  in  which  both  parties  are  Siamese,  or 
in  which  the  defendant  is  a Siamese,  shall  be  tried  and 
determined  by  the  Siamese  authorities  alone. 

That  all  civil  cases  in  which  both  parties  are  British 
subjects,  or  in  which  the  defendant  is  a British  subject, 
shall  be  heard  and  determined  by  the  British  Consul  alone. 
All  civil  cases  in  which  both  parties  are  Siamese,  or  in 
which  the  defendant  is  a Siamese,  shall  be  heard  and  de- 
termined by  the  Siamese  authorities  alone. 

That  whenever  a British  subject  has  to  complain 
against  a Siamese  he  must  make  his  complaint  through 
the  British  Consul,  who  will  lay  it  before  the  proper  Siam- 
ese authorities. 

That  in  all  cases  in  which  Siamese  or  British  subjects 
are  interested,  the  Siamese  authorities  in  the  one  case, 
and  the  British  Consul  in  the  other,  shall  be  at  liberty 
to  attend  at,  and  listen  to,  the  investigation  of  the  case; 
and  copies  of  the  proceedings  will  be  furnished  from  time 
to  time,  or  whenever  desired,  to  the  Consul  or  the  Siamese 
authorities,  until  the  case  is  concluded. 

That  although  the  Siamese  may  interfere  so  far  with 
British  subjects  as  to  call  upon  the  Consul,  in  the  manner 
stated  in  this  Article,  to  punish  grave  offences  when  com- 
mitted by  British  subjects,  it  is  agreed  that, 

2 


40 


British  subjects,  their  persons,  houses,  premises,  lands, 
ships,  or  property  of  any  kind,  shall  not  he  seized,  injured, 
or  in  any  way  interfered  with  by  the  Siamese.  In  case 
of  any  violation  of  this  stipulation,  the  Siamese  author- 
ities will  take  cognizance  of  the  case,  and  punish  the  of- 
fenders. On  the  other  hand,  Siamese  subjects,  their  per- 
sons, houses,  premises,  or  property  of  any  kind,  shall  not 
be  seized,  injured,  or  in  any  way  interfered  with  by  the 
English;  and  the  British  Consul  shall  investigate  and 
punish  any  breach  of  this  stipulation. 

Art.  III. — On  the  right  of  British  Subjects  to  dispose 
of  their  Property  at  will. 

By  the  IVth  Article  of  the  Treaty,  British  subjects  are 
allowed  to  purchase  in  Siam  “houses,  gardens,  fields,  or 
plantations.”  It  is  agreed,  in  reference  to  this  stipulation, 
that  British  subjects,  who  have  accordingly  purchased 
houses,  gardens,  fields,  or  plantations,  are  at  liberty  to 
sell  the  same  to  whomsoever  they  please.  In  the  event  of 
a British  subject  dying  in  Siam,  and  leaving  houses,  lands, 
or  other  property,  his  relations,  or  those  persons  who  are 
heirs  according  to  English  law,  shall  receive  possession 
of  the  said  property;  and  the  British  Consul,  or  some  one 
appointed  by  the  British  Consul,  may  proceed  at  once  to 
take  charge  of  the  said  property  on  their  account.  If  the 
deceased  should  have  debts  due  to  him  by  the  Siamese, 
or  other  persons,  the  Consul  can  collect  them;  and  if  the 
deceased  should  owe  money,  the  Consul  shall  liquidate 
his  debts  as  far  as  the  estate  of  the  deceased  shall  suffice. 


2 


41 


Art.  IV. — On  the  Taxes,  Duties,  or  other  Charges 
Leviable  on  British  Subjects. 

The  IVth  Article  of  the  Treaty  provides  for  the  pay- 
ment on  the  lands  held  or  purchased  by  British  subjects, 
of  “the  same  taxation  that  is  levied  on  Siamese  subjects.” 
The  taxes  here  alluded  to  are  those  set  forth  in  the  annexed 
schedule.  Again,  it  is  stated  in  the  VUIth  Article,  that 
“British  subjects  are  to  pay  import  and  export  duties  ac- 
cording to  the  tariff  annexed  to  the  Treaty.”  For  the 
sake  of  greater  distinctness,  it  is  necessary  to  add  to  these 
2 clauses  the  following  explanation,  namely,  that  beside 
the  land  tax  and  the  import  and  export  duties,  mentioned 
in  the  aforesaid  Articles,  no  additional  charge  or  tax  of 
any  kind  may  be  imposed  upon  a British  subject,  unless 
it  obtain  the  sanction  both  of  the  supreme  Siamese  author- 
ities and  the  British  Consul. 

Art.  V. — On  Passes  and  Port  Clearances. 

The  Vth  Article  of  the  Treaty  provides  that  passports 
shall  be  granted  to  travellers,  and  the  Vth  Article  of  the 
Regulations  that  port-clearances  shall  be  furnished  to 
ships.  In  reference  thereto,  the  said  Royal  Commis- 
sioners, at  the  request  of  Mr.  Parkes,  agree  that  the  pass- 
ports to  be  given  to  British  subjects  travelling  beyond  the 
limits  assigned  by  the  Treaty  for  the  residence  of  British 
subjects,  together  with  the  passes  for  cargo-boats  and  the 
port  clearances  of  British  ships,  shall  be  issued  within 
24  hours  after  formal  application  for  the  same  shall  have 
been  made  to  the  proper  Siamese  authorities;  but  if 
reasonable  cause  should,  at  any  time  exist  for  delaying 

or  withholding  the  issue  of  any  of  these  papers,  the 
2 


42 


Siamese  authorities  must  at  once  communicate  it  to  the 
Consul. 

Passports  for  British  subjects  travelling  in  the  inte- 
rior, and  the  port-clearances  of  British  ships,  will  be 
granted  by  the  Siamese  authorities  free  of  charge. 

Art.  VI. — On  the  Prohibition  of  the  Exportation  of 
Rice,  Salt,  and  Fish,  and  on  the  Duty  on  Paddy. 

The  VUIth  Article  of  the  Treaty  stipulates,  that 
“whenever  a scarcity  may  be  apprehended  of  salt,  rice, 
and  fish,  the  Siamese  Government  reserve  to  themselves 
the  right  of  prohibiting  by  public  proclamation  the 
exportation  of  these  articles/’ 

Mr.  Parkes  in  elucidation  of  this  clause,  desires  an 
agreement  to  this  effect,  namely,  that  a month's  notice 
shall  be  given  by  the  Siamese  authorities  to  the  Consul, 
prior  to  the  enforcement  of  the  prohibition,  and  that 
British  subjects  who  may  previously  obtain  special  per- 
mission from  the  Siamese  authorities  to  export  a certain 
quantity  of  rice  which  they  have  already  purchased,  may 
do  so  even  after  the  prohibition  comes  in  force.  Mr. 
Parkes  also  requests  that  the  export  duty  on  paddy  should 
be  half  of  that  on  rice,  namely,  2 ticals  per  koyan. 

The  said  Royal  Commissioners  having  in  view  the 

fact  that  rice  forms  the  principal  sustenance  of  the 

nation,  stipulate  that  on  the  breaking  out  of  war  or 

rebellion,  the  Siamese  may  prohibit  the  trade  in  rice, 

and  may  enforce  the  prohibition  so  long  as  the  hostilities 

thus  occasioned  shall  continue.  If  a dearth  should  be 

apprehended  on  account  of  the  want  or  excess  of  rain, 

the  Consul  will  be  informed  1 month  previous  to  the 

enforcement  of  the  prohibition.  British  merchants  who 
2 


43 


obtain  the  Royal  permission,  upon  the  issue  of  the  procla- 
mation, to  export  a certain  quantity  of  rice  which  they 
have  already  purchased,  may  do  so,  irrespective  of  the 
prohibition  to  the  contrary ; but  those  merchants  who  do 
not  obtain  the  Royal  permission  will  not  be  allowed,  when 
the  prohibition  takes  effect,  to  export  the  rice  they  may 
already  have  purchased.  The  prohibition  shall  be  re- 
moved as  soon  as  the  cause  of  its  being  imposed  shall  have 
ceased  to  exist. 

Paddy  may  be  exported  on  payment  of  a duty  of  2 
ticals  per  koyan,  or  half  the  amount  levied  on  rice. 

Art.  VII. — On  Permission  to  import  Gold-Leaf  as 

Bullion. 

Under  the  Vlllth  Article  of  the  Treaty,  bullion  may 
be  imported  or  exported  free  of  charge.  With  reference 
to  this  clause,  the  said  Royal  Commissioners,  at  the  re- 
quest of  Mr.  Parkes,  agree  that  foreign  coins  of  every 
denomination,  gold  and  silver  in  bars  or  ingots,  and  gold- 
leaf,  may  be  imported  free;  but  manufactured  articles 
in  gold  and  silver,  plated  ware,  and  diamonds  or  other 
precious  stones,  must  pay  an  import  duty  of  3 per  cent. 

Art.  VIII. — On  the  establishment  of  a Custom-House. 

The  said  Royal  Commissioners,  at  the  request  of 
Mr.  Parkes,  and  in  conformity  with  the  intent  of  the 
VHIth  Article  of  the  new  Treaty,  agree  to  the  immediate 
establishment  of  a Custom-House,  under  the  superintend- 
ence of  a high  Government  functionary,  for  the  examina- 
tion of  all  goods  landed  or  shipped,  and  the  receipt  of 
the  import  and  export  duties  due  thereon.  They  further 

agree  that  the  business  of  the  Custom-House  shall  be 
2 


44 


conducted  under  the  regulations  annexed  to  this 
Agreement. 

Art.  IX. — On  the  subsequent  Taxation  of  Articles 

NOW  FREE  FROM  DUTY. 

Mr.  Parkes  agrees  with  the  said  Royal  Commissioners 
that  whenever  the  Siamese  Government  deem  it  to  be 
beneficial  for  the  country  to  impose  a single  tax  or  duty 
on  any  article  not  now  subject  to  a public  charge  of  any 
kind,  they  are  at  liberty  to  do  so,  provided  that  the  said 
tax  be  just  and  reasonable. 

Art.  X. — On  the  Boundaries  of  the  Four-Mile  Circuit. 

It  is  stipulated  in  the  IVth  Article  of  the  Treaty,  that 
“British  subjects  coming  to  reside  at  Bangkok,  may  rent 
land  and  buy  or  build  houses,  but  cannot  purchase  lands 
within  a circuit  of  200  sen  (not  more  than  4 miles  Eng- 
lish) from  the  city  walls,  until  they  shall  have  lived  in 
Siam  for  10  years,  or  shall  obtain  special  authority  from 
the  Siamese  Government  to  enable  them  to  do  so.” 

The  points  to  which  this  circuit  extends,  due  north, 
south,  east,  and  west  of  the  city,  and  the  spot  where  it 
crosses  the  river  below  Bangkok,  have  accordingly  been 
measured  by  officers  on  the  part  of  the  Siamese  and  Eng- 
lish ; and  their  measurements,  having  been  examined  and 
agreed  to  by  the  said  Royal  Commissioners  and  Mr. 
Parkes,  are  marked  by  stone  pillars  placed  at  the  under- 
mentioned localities,  viz. : 

On  the  North. — One  sen  north  of  Wat  Kemabhira- 
taram. 

On  the  East. — Six  sen  and  7 fathoms  south-west  of 
Wat  Bangkapi. 

On  the  South. — About  19  sen  south  of  the  village  of 

Bangpakeo. 

2 


45 


On  the  West. — About  2 sen  south-west  of  the  village  of 
Bangphrom. 

The  pillars  marking  the  spot  where  the  circuit  line 
crosses  the  river  below  Bangkok  are  placed  on  the  left 
bank,  3 sen  below  the  village  of  Bangmanau,  and  on  the 
right  bank,  about  1 sen  below  the  village  of  Banglam- 
puluen. 

Art.  XI. — On  the  Boundaries  of  the  24  Hours’ 
Journey. 

It  is  stipulated  in  Article  IV  of  the  Treaty,  that  “ex- 
cepting within  the  circuit  of  4 miles,  British  merchants 
in  Siam  may  at  any  time  buy  or  rent  houses,  lands,  or 
plantations,  situated  anywhere  within  a distance  of  24 
hours’  journey  from  the  city  of  Bangkok,  to  be  computed 
by  the  rate  at  which  boats  of  the  country  can  travel.” 

The  said  Royal  Commissioners  and  Mr.  Parkes  have 
consulted  together  on  this  subject,  and  have  agreed  that 
the  boundaries  of  the  said  24  hours’  journey  shall  be  as 
follows : 

1.  On  the  North. — The  Bangputsa  Canal,  from  its 
mouth  on  the  Chow  Phya  River,  to  the  old  city  walls  of 
Lobpury ; and  a straight  line  from  Lobpury  to  the  landing- 
place  of  Tha  Phra-ngam,  near  to  the  town  of  Saraburi,  on 
the  River  Pasak. 

2.  On  the  East. — A straight  line  drawn  from  the  land- 
ing-place of  Tha  Phra-ngam  to  the  junction  of  the  Klong- 
kut  Canal  with  the  Bangpakong  River;  the  Bangpakong 
River  from  the  junction  of  the  Klongkut  Canal  to  its 
mouth,  and  the  coast  from  the  mouth  of  the  Bangpakong 
River,  to  the  Isle  of  Srimaharajah,  to  such  distance  inland 

as  can  be  reached  within  24  hours’  journey  from  Bangkok. 

2 


46 


3.  On  the  South. — The  Isle  of  Srimaharajah  and  the 
Islands  of  Se  Chang,  on  the  east  side  of  the  Gulf ; and  the 
city  walls  of  Petchaburi,  on  the  west  side. 

4.  On  the  West. — The  western  coast  of  the  Gulf  to  the 
mouth  of  the  Meklong  River,  to  such  a distance  inland  as 
can  be  reached  within  24  hours’  journey  from  Bangkok. 
The  Meklong  River,  from  its  mouth  to  the  city  walls  of 
Rajpury ; a straight  line  from  the  city  walls  of  Rajpury  to 
the  town  of  Subharnapury ; and  a straight  line  from  the 
town  of  Subharnapury  to  the  mouth  of  the  Bangputsa 
Canal,  on  the  Chow  Phya  River. 

Art.  XII. — On  the  incorporation  in  the  Treaty  of  this 

Agreement. 

The  said  Royal  Commissioners  agree,  on  the  pare  of 
the  Siamese  Government,  to  incorporate  all  the  Articles 
of  this  Agreement  in  the  Treaty  concluded  by  the  Siamese 
Plenipotentiaries  and  Sir  John  Bowring,  on  the  18th  of 
April,  1855,  whenever  this  shall  be  desired  by  Her  Britan- 
nic Majesty’s  Plenipotentiary. 

In  witness  whereof  the  said  Harry  Smith  Parkes,  and 
the  said  Royal  Commissioners,  have  sealed  and  signed  this 
Agreement,  in  duplicate,  at  Bangkok,  on  the  13th  day  of 
May,  in  the  year  1856  of  the  Christian  era,  corresponding 
to  the  9th  day  of  the  waxing  moon  of  the  lunar  month  of 
Wesakh,  in  the  year  of  the  quadruped  serpent,  being  the 
year  1218  of  the  Siamese  astronomical  era,  which  is  the 
19th  of  Her  Britannic  Majesty’s,  and  6th  of  their  present 
Siamese  Majesties’  reigns. 

(l.  s.)  Harry  S.  Parkes. 

(Signatures  and  Seals  of  the  5 Royal  Commissioners.) 

2 


47 


Schedule  op  Taxes  on  Garden-ground,  Plantations,  or 
other  Lands. 

Section  I.  Trenched  or  raised  lands  planted  with  the 
following  8 sorts  of  fruit-trees  are  subject  to  the  long 
assessment,  which  is  calculated  on  the  trees  grown  on  the 
land,  and  not  on  the  land  itself;  and  the  amount  to  be 
collected  annually  by  the  proper  officers,  and  paid  by 
them  into  the  Royal  Treasury,  is  endorsed  on  the  title- 
deeds  or  official  certificate  of  tenure. 


1.  Betel-nut  Trees, 

1st  Class  (Makek),  height  of  stem  from 

3 to  4 fathoms,  pay  per  tree 138  cowries. 

2nd  Class  (Makto),  height  of  stem  from  5 

to  6 fathoms,  pay  per  tree 128  “ 

3rd  Class  (Maktri),  height  of  stem  from  7 

to  8 fathoms,  pay  per  tree 118  “ 

4th  Class  (Mak  Pakarai),  trees  just  com- 
mencing to  bear,  pay  per  tree 128  “ 

5th  Class  (Mak  lek),  height  of  stem  from 
1 sok  and  upwards  to  size  of  4th  Class, 
pay  per  tree 50  “ 

2.  Cocoa-nut  Trees, 

Of  all  sizes,  from  1 sok  and  upwards  in 

height  of  stem,  pay  per  3 trees 1 salung. 


3.  Siri  Vines, 

All  sizes,  from  5 sok  in  height  and  up- 
wards, pay  per  tree  or  pole  when 
trained  on  tunglang  trees 200  cowries. 

4.  Mango  Trees, 

Stem  of  4 kam  in  circumference  at  the 
height  of  3 sok  from  the  ground,  or 
from  that  size  and  upwards,  pay  per 
tree 1 fuang. 

5.  Map’rang  Trees 

Are  assessed  at  the  same  rate  as  mango 
trees. 


2 


48 


6.  Durian  Trees, 

Stem  of  4 kam  in  circumference  at  the 
height  of  3 sok  from  the  ground,  or 
from  that  size  and  upwards,  pay  per 
tree 1 tical 

7.  Mangosteen  Trees, 

Stem  of  2 kam  in  circumference  at  the 
height  of  1^/2  sok  from  the  ground, 
pay  per  tree 1 fuang. 

8.  Langsat  Trees 

Are  assessed  at  the  same  rate  as  Mango- 
steen trees. 

Note. — The  long  assessment  is  made  under  ordinary 
circumstances  once  only  in  each  reign,  and  plantations 
or  lands  having  once  been  assessed  at  the  above- 
mentioned  rates,  continue  to  pay  the  same  annual  sum, 
which  is  endorsed  on  the  official  certificate  of  tenure 
(subject  to  remissions  granted  in  case  of  the  destruction 
of  the  trees  by  drought  or  flood ) until  the  next  assess- 
ment is  made,  regardless  of  the  new  trees  that  may  have 
been  planted  in  the  interval,  or  the  old  trees  that  may 
have  died  off.  When  the  time  for  a new  assessment 
arrives,  a fresh  account  of  the  trees  is  taken,  those  that 
have  died  since  the  former  one  being  omitted,  and  those 
that  have  been  newly  planted  being  inserted,  provided 
they  have  obtained  the  above-stated  dimensions;  other- 
wise they  are  free  of  charge. 


Section  II. — Trenched  or  raised  lands  planted  with 
the  following  8 sorts  of  fruit-trees  are  subject  to  an 
annual  assessment,  calculated  on  the  trees  grown  on  the 
lands,  in  the  following  manner,  that  is  to  say : 


1.  Orange  Trees, 

Five  kinds  (Som  Kio  wan,  Som  pluck 
bang,  Som  l’eparot,  Som  Ivao  Sungo), 
stem  of  6 ngiu  in  circumference  close 
to  the  ground,  or  from  that  size  and 

upwards,  pay  per  10  trees 

All  other  kinds  of  orange  trees  of  the  same 
size  as  the  above,  pay  per  15  trees .... 


1 fuang. 


2 


1 


49 


2.  Jack-fruit  Trees, 

Stem  of  6 kam  in  circumference,  at  the 
height  of  2 sok  from  the  ground,  or 
from  that  size  and  upwards,  pay  per 
15  trees  

3.  Bread-fruit  Trees, 

Are  assessed  at  the  same  rate  as  jack-fuit 
trees. 

4.  Mak  Fai  Trees, 

Stem  of  4 kam  in  circumference,  at  the 
height  of  2 sok  from  the  ground,  or 
from  that  size  and  upwards,  pay  per 
12  trees  

5.  Guava  Trees, 

Stem  of  2 kam  in  circumference,  at  the 
height  of  1 kub  from  the  ground,  or 
from  that  size  and  upwards,  pay  per 
12  trees  

6.  Saton  Trees, 

Stem  of  6 kam  in  circumference,  at  the 
height  of  2 sok  from  the  ground,  or 
from  that  size  and  upwards,  pay  per 
5 trees  

7.  Rambutan  Trees, 

Stem  of  4 kam  in  circumference,  at  the 
height  of  2 sok  from  the  ground,  or 
from  that  size  and  upwards,  pay  per 
5 trees  

8.  Pine  Apples, 

Pay  per  1,000  plants 


1 fuang. 


1 “ 


1 “ 


1 “ 


1 fuang 
1 sailing. 


Section  III. — The  following  6 kinds  of  fruit-trees, 
when  planted  in  trenched  or  untrenched  lands,  or  in  any 
other  manner  than  as  plantations  subject  to  the  long 
assessment  described  in  Section  I,  are  assessed  annually 
at  the  undermentioned  rates : 


Mangoes 1 fuang 

Tamarinds 1 do. 

Custard  Apples 1 do. 

Plaintains  1 do. 

Siri  Vines  (trained  on  poles) . . .1  do. 

Pepper  Vines 1 do. 

2 


per  tree, 
per  2 trees 
per  20  do. 
per  50  roots, 
per  12  vines, 
per  12  do. 


50 


Section  TV. — Trenched  or  raised  lands  planted  with 
annuals  of  all  sorts,  pay  a land  tax  of  1 salung  and  1 
fuang  per  rai  for  each  crop. 

An  annual  fee  of  3 salungs  and  1 fuang  is  also 
charged  by  the  Nairowang  (or  local  tax  collector)  for 
each  lot  or  holding  of  trenched  land  for  which  an  official 
title  or  certificate  of  tenure  has  been  taken  out. 

When  held  under  the  long  assessment,  and  planted 
with  the  8 sorts  of  fruit-trees  described  in  Section  I,  the 
annual  fee  paid  to  the  Nairowang  for  each  lot  or  holding 
of  trenched  land  for  which  an  official  title  or  certificate 
of  tenure  has  been  taken  out,  is  2 sailings. 

Section  V. — Fntrenched  or  low  lands,  planted  with 
annuals  of  all  sorts,  pay  a land  tax  of  1 salung  and  1 
fuang  per  rai  for  each  crop. 

No  land  tax  is  levied  on  these  lands  if  left  unculti- 
vated. 

Sixty  cowries  per  tical  are  levied  as  expenses  of  test- 
ing the  quality  of  the  silver  on  all  sums  paid  as  taxes 
under  the  long  assessment.  Taxes  paid  under  the  annual 
assessment  are  exempted  from  this  charge. 

Lands  having  once  paid  a tax  according  to  one  or 
other  of  the  above-mentioned  rates,  are  entirely  free  from 
all  other  taxes  or  charges. 

( l.s.  ) Harry  S.  Parkes. 

(Signatures  and  Seals  of  the  5 Royal  Commissioners.) 


Customs-House  Regulations. 

1.  A Custom-House  is  to  be  built  at  Bangkok,  near  to 
the  anchorage,  and  officers  must  be  in  attendance  there 
between  9 a.  m.  and  3 p.  M.  The  business  of  the  Custom- 
House  must  be  carried  on  between  those  hours.  The  tide- 

waiters,  required  to  superintend  the  landing  or  shipment 

2 


51 


of  goods,  will  remain  in  waiting  for  that  purpose  from 
daylight  until  dark. 

2.  Subordinate  Custom-House  officers  shall  be  ap- 
pointed for  each  ship ; their  number  shall  not  be  limited, 
and  they  may  remain  on  board  the  vessel  or  in  boats 
alongside.  The  Custom-House  officers  appointed  to  the 
vessels  outside  the  bar  will  have  the  option  of  residing 
on  board  the  ships,  or  of  accompanying  the  cargo-boats 
on  their  passage  to  and  fro. 

3.  The  landing,  shipment,  or  transshipment  of  goods 
may  be  carried  on  only  between  sunrise  and  sunset. 

4.  All  cargo  landed  or  shipped  shall  be  examined  and 
passed  by  the  Custom-House  officers  within  12  hours  of 
daylight,  after  the  receipt  of  the  Custom-House  of  the 
proper  application.  The  manner  in  which  such  applica- 
tion  and  examination  is  to  be  made  shall  be  settled  by  tin 
Consul  and  the  Superintendent  of  Customs. 

5.  Duties  may  be  paid  by  British  merchants  in  ticals, 
foregn  coin,  or  bullion,  the  relative  values  of  which  will 
be  settled  by  the  Consul  and  the  proper  Siamese  officers. 
The  Siamese  will  appoint  whomsoever  they  may  please  to 
receive  payment  of  the  duties. 

6.  The  Receiver  of  Duties  may  take  from  the  mer- 
chants 2 sailings  per  catty  of  80  ticals  for  testing  the 
money  paid  to  him  as  duties;  and  for  each  stamped  re- 
ceipt given  by  him  for  duties  he  may  charge  G sailings. 

7.  Both  the  Superintendent  of  Customs  and  the 
British  Consul  shall  be  provided  with  sealed  sets  of 
balance  yards,  money  weights,  and  measures,  which  may 
be  referred  to  in  the  event  of  any  difference  arising  with 
the  merchants  as  to  the  weight  or  dimensions  of  money 
or  goods. 

(l.  s.)  Harry  S.  Parkes. 

(Signatures  and  Seals  of  the  5 Royal  Commissioners.) 

2 


52 


United  States, 

1856. 

Treaty  of  Peace,  Friendship,  Commerce  and  Navi- 
gation, between  The  United  States  and  Siam. — 
Signed  at  Bangkok,  May  29,  1856. 

(Ratifications  exchanged  at  Bangkok,  June  15,  1857.) 

The  President  of  the  United  States  of  America,  and 
their  Majesties  Phra-Bard,  Somdetch,  Phra-Paramendr, 
Maha,  Mongkut,  Plira,  Chom,  Klau,  Chau,  Yu,  Hua,  the 
first  King  of  Siam  and  Plira,  Bard,  Somdetch  Phra, 
Pawarendr,  Ramesr,  Mahiswaresr,  Phra,  Pin  Klau,  Chau, 
Yu,  Hua,  the  second  King  of  Siam,  desiring  to  establish 
upon  firm  and  lasting  foundations  the  relations  of  peace 
and  friendship  existing  between  the  2 countries,  and  to 
secure  the  best  interest  of  their  respective  citizens  and 
subjects  by  encouraging,  facilitating,  and  regulating  their 
industry  and  trade,  having  resolved  to  conclude  a Treaty 
of  Amity  and  Commerce  for  this  purpose,  and  have  there- 
fore named  as  Plenipotentiaries ; that  is  to  say,  the  Presi- 
dent of  The  United  States,  Townsend  Harris,  Esq.,  of 
New  York,  Consul-General  of  the  United  States  of 
America  for  the  Empire  of  Japan,  and  their  Majesties 
the  first  and  second  Kings  of  Siam,  His  Royal  Highness 
the  Prince  Krom  Hluang,  Wongsa,  Dhiraj,  Snidh,  his 
Excellency  Somdetch,  Chau,  Phaya,  Parana,  Maha,  Bijai, 
Neate,  his  Excellency  Chau,  Phaya,  Sri,  Suriwongse, 
Samulia,  Phra,  Kralahom,  his  Excellency  Chau,  Phaya, 
Rawe,  Wongee,  Maha,  Ivosa,  Dhipade,  the  Phra  Klang 
his  Excellency  Chau,  Phaya,  Yomray,  the  Lord  Mayor, 

who,  after  having  communicated  to  each  other  their  re- 
2 


53 


spective  full  powers,  and  found  them  to  be  in  good  and 
due  form,  have  agreed  upon  and  concluded  the  following 
Articles : 

Art.  I.  There  shall,  henceforward,  be  perpetual  peace 
and  friendship  between  The  United  States  and  their 
Majesties  the  first  and  second  Kings  of  Siam  and  their 
successors. 

All  American  citizens  coming  to  Siam  shall  receive 
from  the  Siamese  Government  full  protection  and  assis- 
tance to  enable  them  to  reside  in  Siam  in  all  security, 
and  trade  with  every  facility,  free  from  oppression  or  in- 
jury on  the  part  of  the  Siamese.  Inasmuch  as  Siam  has 
no  ships  trading  to  the  ports  of  The  United  States,  it  is 
agreed  that  the  ships-of-war  of  The  United  States  shall 
render  friendly  aid  and  assistance  to  such  Siamese  ves- 
sels as  they  may  meet  on  the  high  seas,  so  far  as  can  be 
done  without  a breach  of  neutrality;  and  all  American 
Consuls,  residing  at  ports  visited  by  Siamese  vessels,  shall 
also  give  them  such  friendly  aid  as  may  be  permitted  by 
the  law  of  the  respective  countries  in  which  they  reside. 

II.  The  interests  of  all  American  citizens  coming  to 
Siam  shall  be  placed  under  the  regulations  and  control  of 
a Consul,  who  will  be  appointed  to  reside  at  Bangkok. 
He  will  himself  conform  to  and  will  enforce  the  observ- 
ance by  American  citizens  of  all  the  provisions  of  this 
Treaty,  and  such  of  the  former  Treaty,  negotiated  by  Mr. 
Edmund  Roberts,  in  1833,  as  shall  still  remain  in  opera- 
tion. He  shall  also  give  effect  to  all  rules  and  regula 
tions  as  are  now  or  may  hereafter  be  enacted  for  the  gov- 
ernment of  American  citizens  in  Siam,  the  conduct  of 

their  trade,  and  for  the  prevention  of  violations  of  the 
2 


54 


laws  of  Siam.  Any  disputes  arising  between  American 
citizens  and  Siamese  subjects  shall  be  heard  and  de- 
termined by  the  Consul,  in  conjunction  with  the  proper 
Siamese  officers;  and  criminal  offences  wrill  be  punished, 
in  the  case  of  American  offenders,  by  the  Consul,  accord- 
ing to  American  laws,  and  in  the  case  of  Siamese  offend- 
ers, by  their  own  laws,  through  the  Siamese  authorities. 
But  the  Consul  shall  not  interfere  in  any  matters  re- 
ferring solely  to  Siamese;  neither  will  the  Siamese  au- 
thorities interfere  in  questions  which  only  concern  the 
citizens  of  The  United  States. 

III.  If  Siamese  in  the  employ  of  American  citizens 
offend  against  the  laws  of  their  country,  or  if  any 
Siamese,  having  so  offended,  or  desiring  to  desert,  take 
refuge  with  American  citizens  in  Siam,  they  shall  be 
searched  for,  and,  upon  proof  of  their  guilt  or  desertion, 
shall  be  delivered  up  by  the  Consul  to  the  Siamese  au- 
thorities. In  like  manner,  any  American  offenders,  resi- 
dent or  trading  in  Siam,  who  may  desert,  escape  to,  or 
hide  themselves  in  Siamese  territory  shall  be  appre- 
hended and  delivered  over  to  the  American  Consul  on 
his  requisition. 

IV.  American  citizens  are  permitted  to  trade  freely 
in  all  the  seaports  of  Siam,  but  may  reside  permanently 
only  at  Bangkok,  or  within  the  limits  assigned  by  this 
Treaty. 

American  citizens  coming  to  reside  at  Bangkok  may 
rent  land  and  buy  or  build  houses,  but  cannot  purchase 
land  within  a circuit  of  200  sen  (not  more  than  4 miles 
English)  from  the  city  walls,  until  they  shall  have  lived 

in  Siam  for  10  years,  or  shall  obtain  special  authority 

2 


55 


from  the  Siamese  Government  to  enable  them  to  do  so. 
But  with  the  exception  of  this  limitation  American  resi- 
dents in  Siam  may,  at  any  time,  buy  or  rent  houses,  lands, 
or  plantations  situated  anywhere  within  a distance  of 
24  hours’  journey  from  the  city  of  Bangkok,  to  be  com- 
puted by  the  rate  at  which  boats  of  the  country  can 
travel.  In  order  to  obtain  possession  of  such  lands  or 
houses,  it  will  be  necessary  that  the  American  citizen 
shall,  in  the  first  place,  make  application  through  the 
Consul  to  the  proper  Siamese  officer,  and  the  Siamese  offi- 
cer and  the  Consul,  having  satisfied  themselves  of  the  hon- 
est intentions  of  the  applicant,  will  assist  him  in  settling, 
upon  equitable  terms,  the  amount  of  the  purchase  money; 
will  make  out  and  fix  the  boundaries  of  the  property,  and 
will  convey  the  same  to  the  American  purchaser  under 
sealed  deeds,  whereupon  he  and  his  property  shall  be 
placed  under  the  protection  of  the  Governor  of  the  district, 
and  that  of  the  particular  local  authorities.  He  shall  con- 
form in  ordinary  matters  to  any  just  direction  given  him 
by  them,  and  will  be  subject  to  the  same  taxation  that  is 
levied  on  Siamese  subjects.  But  if,  through  negligence, 
the  want  of  capital,  or  other  cause,  an  American  citizen 
should  fail  to  commence  the  cultivation  or  improvements 
of  the  lands  so  acquired  within  a term  of  3 years  from  the 
date  of  receiving  possession  thereof,  the  Siamese  Govern- 
ment shall  have  the  power  of  resuming  the  property  upon 
returning  to  the  American  citizen  the  purchase-money 
paid  by  him  for  the  same. 

V.  All  American  citizens  visiting  or  residing  in  Siam 

shall  be  allowed  the  free  exercise  of  their  religion,  and 

liberty  to  build  places  of  worship  in  such  localities  as 
2 


56 


shall  be  consented  to  by  the  Siamese  authorities.  The 
Siamese  Government  will  place  no  restriction  upon  the 
employment  by  the  Americans  of  Siamese  subjects  as 
servants,  or  in  any  other  capacity.  But  wherever  a 
Siamese  subject  belongs  or  owes  service  to  some  par- 
ticular master,  the  servant  who  engages  himself  to  an 
American  citizen  without  the  consent  of  his  master  may 
be  reclaimed  by  him,  and  the  Siamese  Government  will 
not  enforce  an  agreement  between  an  American  citizen 
and  any  Siamese  in  his  employ,  unless  made  with  the 
knowledge  and  consent  of  the  master  who  has  a right  to 
dispose  of  the  services  of  the  person  engaged. 

VI.  American  ships-of-war  may  enter  the  river  and 
anchor  at  Paknam ; but  they  shall  not  proceed  above 
Paknam  unless  with  the  consent  of  the  Siamese  authori- 
ties, which  shall  be  given  where  it  is  necessary  that  a 
ship  shall  go  into  dock  for  repairs.  Any  American  ship- 
of-war  conveying  to  Siam  a public  functionary,  accredited 
by  the  American  Government  to  the  Court  of  Bangkok, 
shall  be  allowed  to  come  up  to  Bangkok,  but  shall  not 
pass  the  forts  called  Phrachamit  and  Pit-pachnuck,  unless 
expressly  permitted  to  do  so  by  the  Siamese  Government. 
But,  in  the  absence  of  an  American  ship-of-war,  the 
Siamese  authorities  engage  to  furnish  the  Consul  with  a 
force  sufficient  to  enable  him  to  give  effect  to  his  authority 
over  American  citizens,  and  to  enforce  discipline  among 
American  shipping. 

VII.  The  measurement  duty  hitherto  paid  by  Ameri- 
can vessels  trading  to  Bangkok  under  the  Treaty  of  1833 

shall  be  abolished  from  the  date  of  this  Treaty  coming 

2 


57 


into  operation,  and  American  shipping  or  trade  will 
thenceforth  only  be  subject  to  the  payment  of  import 
and  export  duties  on  the  goods  landed  or  shipped. 

On  the  articles  of  import  the  duty  shall  be  3 per  cent., 
payable,  at  the  option  of  the  importer,  either  in  kind  or 
money,  calculated  upon  the  market  value  of  the  goods. 
Drawback  of  the  full  amount  of  duty  shall  be  allowed 
upon  goods  found  unsaleable  and  re-exported.  Should 
the  American  merchant  and  the  Custom-House  officers 
disagree  as  to  the  value  to  be  set  upon  imported  articles, 
such  disputes  shall  be  referred  to  the  Consul  and  a proper 
Siamese  officer,  who  shall  each  have  the  power  to  call  in 
an  equal  number  of  merchants  as  assessors,  not  exceed- 
ing 2 on  either  side,  to  assist  them  in  coming  to  an 
equitable  decision. 

Opium  may  be  imported  free  of  duty,  but  can  only 
be  sold  to  the  opium  farmer  or  his  agents.  In  the  event 
of  no  arrangement  being  effected  with  them  for  the  sale 
of  the  opium,  it  shall  be  re-exported,  and  no  impost  or 
duty  (shall  be)  levied  thereon.  Any  infringement  of 
this  regulation  shall  subject  the  opium  to  seizure  and 
confiscation. 

Articles  of  export,  from  the  time  of  production  to  the 
date  of  shipment,  shall  pay  one  impost  only,  whether 
this  be  levied  under  the  name  of  inland  tax,  transit  duty, 
or  duty  on  exportation.  The  tax  or  duty  to  be  paid  on 
each  article  of  Siamese  produce  previous  to  or  upon 
exportation  is  specified  in  the  tariff  attached  to  this 
Treaty ; and  it  is  distinctly  agreed  that  goods  or  produce 
that  pay  any  description  of  tax  in  the  interior  shall  be 
exempted  from  any  further  payment  of  duty  on  exporta- 
tion. American  merchants  are  to  be  allowed  to  purchase 
2 


58 


directly  from  tlie  producer  the  articles  in  which  they 
trade,  and  in  like  manner  to  sell  their  goods  directly  to  the 
parties  wishing  to  purchase  the  same  without  the  inter- 
ference in  either  case  of  any  other  person. 

The  rates  of  duty  laid  down  in  the  tariff  attached  to 
this  Treaty  are  those  that  are  now  paid  upon  goods  or 
produce  shipped  in  Siamese  or  Chinese  vessels  or  junks; 
and  it  is  agreed  that  American  shipping  shall  enjoy  all 
the  privileges  now  exercised  by,  or  which  hereafter  may 
be  granted  to,  Siamese  or  Chinese  vessels  or  junks. 

American  citizens  will  be  allowed  to  build  ships  in 
Siam  on  obtaining  permission  to  do  so  from  the  Siamese 
authorities. 

Whenever  a scarcity  may  be  apprehended  of  salt,  rice, 
and  fish,  the  Siamese  Government  reserve  to  themselves 
the  right  of  prohibiting  by  public  proclamation  the  ex- 
portation of  these  articles,  giving  30  days’  (say  thirty 
days)  notice,  except  in  case  of  war. 

Bullion  or  personal  effects  may  be  imported  or 
exported  free  of  charge. 

VIII.  The  code  of  regulations  appended  to  this  Treaty 
shall  be  enforced  by  the  Consul,  with  the  co-operation  of 
the  Siamese  authorities;  and  they,  the  said  Authorities 
and  Consul,  shall  be  enabled  to  introduce  any  further 
regulations  which  may  be  found  necessary  in  order  to 
give  effect  to  the  objects  of  this  Treaty. 

All  fines  and  penalties  inflicted  for  infraction  of  the 
provisions  and  regulations  of  this  Treaty  shall  be  paid 
to  the  Siamese  Government. 

IX.  The  American  Government  and  its  citizens  will 

be  allowed  free  and  equal  participation  in  any  privileges 
2 


59 


that  may  have  been  or  may  hereafter  be  granted  by  the 
Siamese  Government  to  the  Government,  citizens,  or  sub- 
jects of  any  other  nation. 

X.  After  the  lapse  of  10  years  from  the  date  of  the 
ratification  of  this  Treaty,  upon  the  desire  of  either  the 
American  or  Siamese  Government,  and  on  12  months’ 
notice  given  by  either  party,  the  present,  and  such  por- 
tions of  the  Treaty  of  1833  as  remain  unrevoked  by  this 
Treaty,  together  with  the  tariff  and  regulations  there- 
unto annexed,  or  those  that  may  hereafter  be  introduced, 
shall  be  subject  to  revision  by  Commissioners  appointed 
on  both  sides  for  this  purpose,  who  will  be  empowered  to 
decide  on  and  insert  therein  such  amendments  as  experi- 
ence shall  prove  to  be  desirable. 

XI.  This  Treaty,  executed  in  English  and  Siamese, 
both  versions  having  the  same  meaning  and  intention, 
shall  take  effect  immediately,  and  the  ratifications  of  the 
same  shall  be  exchanged  at  Bangkok  within  18  months 
from  the  date  thereof. 

In  witness  whereof,  the  above-named  Plenipotentiaries 
have  signed  and  sealed  the  present  Treaty  in  triplicate  at 
Bangkok,  on  the  29th  day  of  May,  in  the  year  1856  of  the 
Christian  era,  and  of  the  Independence  of  The  United 
States  the  80th,  corresponding  to  the  10th  of  the  waning 
moon  of  the  lunar  month,  Wesakh,  or  6th  month  of  the 
year  of  the  Quadruped  Serpent  of  the  Siamese  civil  era, 
1218,  and  the  6th  of  the  reign  of  their  Majesties  the  1st 
and  2nd  Kings  of  Siam. 

(l.s.)  Townsend  Harris. 

( Signatures  and  Seals  of  Siamese  Plenipotentiaries. ) 

2 


60 


Here  follow 

General  Regulations  under  which  American  Trade  is 

TO  BE  CONDUCTED  IN  SlAM. 

AND 

Tariff  of  Export  and  Inland  Duties  to  be  levied  on 
Articles  of  Trade, 

substantially  the  same  as  those  attached  to  the  Treaty 
with  Great  Britain,  April  18,  1855. 


2 


61 


France, 

1856. 

Decret  Imperial  portant  promulgation  du  TraitS 
d’AmitiS,  de  Commerce  et  de  Navigation,  conclu  le 
15  AoCT,  1856,  ENTRE  LA  FRANCE  ET  LE  SlAM. — PARIS,  LE 
28  Decembre,  1857. 

Napoleon,  par  la  grace  de  Dieu  et  la  volonte  nationale, 
Empereur  des  Frangais,  & tons  presente  et  & venir,  salut. 

Sur  le  rapport  de  notre  Ministre  Secretaire  d’Etat  au 
Departement  des  Affaires  Etrangeres, 

Avons  decrete  et  decretons  ce  qui  suit : 

Art.  I.  Un  Traite  d’Amitie,  de  Commerce  et  de  Navi- 
gation ayant  ete  signe  entre  la  France  et  le  Royaume  de 
Siam,  le  15  Aout,  1856,  et  les  ratifications  de  cet  acte 
ayant  ete  echangees  a Bangkok,  le  21  AoPt  1857,  le  dit 
Traite,  dont  la  teneur  suit,  recevra  sa  pleine  et  entiere 
execution. 

Traits. 

Sa  Majeste  l’Empereur  des  Frangais  et  Leurs  Majest^s 

Phrabath  Somdet  Phrabaramend  Mahamakout  South- 

asamouti  Thephaya  Phongsavongsadit  Vorakrasatri 

Vorakhatya  Raxani  Ivarodom  Chaturanta  Boroma  Maha 

Chakraphati  Raxa  Sangkat  Boroma  Thamika  Maha 

Raxathirat  Boromanaroth  Bopliith  Phra  Chom  Klao  Chao 

You  Houa,  premier  Roi  de  Siam,  et  Phrabath  Somdet 

Phrabovorentharamesoum  Mahisvaret  Raxan  Mahanta- 

voradexo  Xaya  Maholan  Ivhoun  Adoundet  Sarapha 

Thevesaranouraka  Bovora  Choula  Chakraphati  Raxa 

Sangkat  Bovora  Thamika  Raxa  Bophith  Phra  Pin  Klao 

Chao  You  Houa,  second  Roi  de  Siam,  voulant  etablir 

sur  des  bases  stables  les  rapports  de  bonne  harmonie  qui 
2 


G2 


existent  entre  eux,  et  favoriser  le  developpement  des 
relations  commerciales  entre  leurs  Etats  respectifs,  ont 
resolu  de  conclure  un  Traite  d’Amitie,  de  Commerce  et 
de  Navigation,  fonde  snr  l’interet  commun  des  deux  Pays, 
et  ont,  en  consequence,  nomine  pour  leurs  Plenipoten- 
tiaires,  savoir: 

Sa  Majeste  l’Empereur  des  Fran^ais,  M.  Charles- 
Louis-Nicolas-Maximilien  de  Montigny,  Officier  de  l’Ordre 
Imperial  de  la  Legion*  d’Honneur,  Commandeur  de  l’Ordre 
Militaire  de  Gregoire-le-Grand,  Officier  de  FOrdre  de 
l’lndependance  Grecque,  Chevalier  de  FOrdre  Royal  de 
la  Conception  de  Villa-Vigosa,  de  FOrdre  d' Isabelle  la- 
Catholique  et  de  FOrdre  du  Sauveur  de  Grece; 

Et  Leurs  Majestes  les  premier  et  second  Rois  de 
Siam,  son  Altesse  Phra  Chao  Nougyathen  Kromalouang 
Vougsathiraxa  Sanith ; son  Excellence  Somdet  Chao 
Phraya  Boroma  Maha  Phixayati  Naranetra  Naroth  Raxa 
Sourya  Vongsa  Sakonla  Phongsa  Patittha  Moukha  Mata- 
yathibodi  Traya  Sarana  si  Batana  Chada  Sakonla  Maha 
Rava  xati  Benthon  Paramento  Maha  Raxa  Varo  Prakan 
Maho  Dexanouphab  Bophith,  charge  du  gouvernement  de 
la  capitale;  son  Excellence  Chao  Phraya  sisourivong 
Samanta  Phonxa  Phisoutha  Maha  Bourout  Ratanodom, 
remplissant  les  fonctions  de  Ministre  de  la  Guerre,  et 
charge  du  gouvernement  general  des  provinces  du  sud- 
ouest;  son  Excellence  Chao  Phraya  Ravivongsa  Mahako- 
satibodi,  remplisant  les  fonctions  de  Ministre  des  Affaires 
Etrangeres  et  charge  du  gouvernement  general  des  prov- 
inces du  sud-est ; et  son  Excellence  Chao  Phraya  Yomarat 
Xatisenangkla  Narinthon  Maliintharatibodi  Sivixai  Raxa 
Mahaya  Souen  Borirak  Phoumi  Phithak  Lokakarathanta 

Ritti  Nakhouban,  Ministre  de  la  Justice; 

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63 


Lesquels,  apres  s’etre  communique  leurs  pleins  pou- 
voirs  et  les  avoir  trouves  en  bonne  et  due  forme,  sont 
convenus  des  Articles  suivants : 

Art.  I.  II  y aura  paix  constante  et  amitie  perpetuelle 
entre  Sa  Majeste  l'Empereur  des  Frangais,  ses  lieritiers 
et  successeurs,  d'une  part,  et  Leurs  Majestes  les  premier 
et  second  Rois  de  Siam,  leurs  lieritiers  et  successeurs 
d’autre  part,  ainsi  qu’entre  les  sujets  des  deux  Etats 
sans  exception  de  personnes  ni  de  lieux.  Les  sujets  de 
chacun  des  deux  Pays  jouiront  dans  l’autre  d'une  pleine 
et  entiere  protection  pour  leurs  personnes  et  leurs 
proprietes,  conformement  aux  lois  qui  sont  etablies,  et 
auront  reciproquement  droit  h tous  les  privileges  et 
avantages  qui  sont  ou  pourront  etre  accordes  aux  sujets 
des  nations  etrangeres  les  plus  favorisees.  Les  sujets  et 
les  navires  de  commerce  Siamois  recevront,  en  outre,  h 
l’etranger,  aide  et  protection  des  Consuls  et  des  batiments 
de  guerre  Frangais. 

II.  Les  Hautes  Parties  Contractantes  se  reconnaissent 
reciproquement  le  droit  de  nommer  des  Consuls  et  Agents 
Consulates  pour  resider  dans  leurs  Etats  respectifs. 

Ces  Agents  protegeront  les  interets  et  le  commerce 
de  leurs  nationaux  les  obligeront  de  se  conformer 
aux  dispositions  du  present  Traite,  serviront  d’inter- 
mediaire  entre  eux  et  les  autorites  du  pa}rs,  et  veilleront 
^ la  stricte  execution  des  reglements  stipules.  Les  Con- 
suls ne  devront  entrer  en  fonctions  qu’avec  l'exequatur 
du  Souverain  territorial.  Ils  jouiront,  ainsi  que  les 
Agents  Consulates  et  les  chanceliers  de  Consulat,  de  tous 
les  privileges  et  immunites  qui  pourront  etre  accordes 

dans  leur  residence  aux  Agents  de  merne  rang  de  la 
2 


64 


nation  la  plus  favorisee.  Les  Consuls  et  Agents  Con- 
sulates de  France  pourront  arborer  le  pavilion  Frangais 
sur  leur  habitation. 

II  pourra  etre  etabli  un  Consul  de  France  h Bangkok 
aussitot  apres  l’echange  des  ratifications  du  present 
Traite. 

En  cas  d’absence  du  Consul  ou  de  l’Agent  Consulaire, 
les  capitaines  et  negociants  Frangais  auront  la  faculte  de 
recourir  a l’intervention  du  Consul  d’une  Puissance  ami, 
ou  bien,  s'il  n'y  avait  pas  possibility  de  le  faire,  de 
s’adresser  directement  aux  autorites  locales  lesquelles 
aviseront  aux  moyens  de  leur  assurer  tous  les  benefices  du 
present  Traite. 

III.  Les  sujets  Frangais  jouiront,  dans  toute  l’etendue 
du  Royaume  de  Siam,  de  la  faculte  de  pratiquer  leur 
religion  ouvertement  et  en  toute  liberte,  et  de  batir  des 
eglises  dans  les  endroits  que  l’autorite  locale,  apres  s’etre 
concertee  avec  le  Consul  de  France,  aura  design£s  comme 
pouvant  etre  affectes  a ces  constructions. 

Les  missionnaires  Frangais  auront  la  faculte  de 
precher  et  d’enseigner,  de  construire  des  eglises,  des 
seminaires  ou  ecoles,  des  hopitaux  et  autres  edifices  pieux, 
sur  un  point  quelconque  du  Royaume  de  Siam,  en  se  con- 
formant aux  lois  du  pays. 

I Is  voyageront  en  toute  liberte  dans  toute  l’etendue 
du  Royaume,  pourvu  qu’ils  soient  porteurs  de  lettres 
authentiques  du  Consul  de  France,  ou,  en  son  absence, 
de  leur  eveque,  revetues  du  visa  du  Gouverneur-General, 
resident  il  Bangkok,  dans  la  juridiction  duquel  se  trou- 
veront  les  provinces  ou  ils  voudront  se  rendre. 


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65 


IV.  Tous  les  Frangais  qui  voudront  resider  dans  le 
Royaume  de  Siam  devront  se  faire  immatriculer  dans  la 
chancellerie  du  Consul  at  de  France  it  Bangkok. 

Toutes  les  fois  qu’un  Fran^ais  aura  it  recourir  it 
l’autorite  Siamoise,  sa  demande  ou  reclamation  devra 
d'abord  etre  soumise  au  Consul  de  France,  qui,  si  elle  lui 
parait  raisonnable  et  convenablement  redigee,  lui  donnera 
suit,  et  qui,  s’il  en  est  autrement,  en  fera  modifier  la 
teneur  ou  refusera  de  la  transmettre.  Les  Siamois  de 
leur  cote,  lorsqu’ils  auront  it  s’adresser  au  Consulat  de 
France,  devront  suivre  une  marche  analogue  aupres  de 
1’ autorite  Siamoise,  laquelle  agira  de  la  meme  maniere. 

V.  Les  sujets  Frangais  sont  autorises  it  se  transporter 
dans  le  Royaume  de  Siam,  it  s’y  livrer  au  commerce  en 
toute  security,  it  acheter  et  a vendre  des  marchandises  it 
qui  bon  leur  semblera,  sans  que  cette  liberte  puisse  etre 
entravee  par  aucun  monopole  ou  privilege  exclusif  de 
vente  ou  d’achat.  Mais  ils  ne  pourront  resider  d’une 
maniere  permanente  qu’it  Bangkok,  et,  autour  de  cette 
ville,  dans  un  rayon  d’une  etendue  egale  it  l’espace  par- 
couru  en  24  lieures  par  les  bateaux  du  pays.  Dans 
l’interieur  de  ces  limites,  ils  pourront,  en  tout  temps, 
acheter,  vendre,  loner  et  batir  des  maisons,  former  des 
depots  ou  magasins  d’approvisionnements,  acheter,  ven- 
dre et  afferiner  des  terrains  et  des  plantations.  Toutefois, 
lorsqu’ils  voudront  acheter  des  terrains  situes  it  moins 
de  six  kilometres  des  murs  de  Bangkok,  il  sera  necessaire 
qu’ils  y soient  specialement  autorises  par  le  Gouverne- 
ment  Siamois,  a moins  qu’ils  n’aient  dejii  reside  pendant 
dix  annees  dans  le  Royaume  de  Siam. 


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66 


Lorsqu’un  Frangais  voudra  acquerir  un  immeuble,  il 
devra  s’adresser,  par  Pinterm6diaire  du  Consul  de  France, 
& l’autorite  locale  competente,  laquelle,  de  concert  ayec 
le  Consul,  l’aidera  ?i  regler  le  prix  d’achat  a des  conditions 
equitables  et  lui  delivrera  son  titre  de  propriety,  apres 
avoir  fait  la  delimitation  de  l’immeuble.  L’acquereur 
devra,  d’ailleurs,  se  conformer  aux  lois  et  reglements  du 
pays,  et  sera  assujetti,  en  ce  qui  concerne  sa  propriety, 
aux  inemes  irnpots  que  les  sujets  Siamois  eux-memes. 
Mais,  si  le  terrain  ainsi  achete  n’etait  pas  exploite  dans 
un  d£lai  de  trois  annees,  it  partir  du  jour  de  Fentree  en 
possession,  le  Gouvernement  Siamois  aurait  la  faculte  de 
resilier  le  inarehe,  en  remboursant  l’acheteur  le  prix 
d’acquisition. 

VI.  Les  Frangais  pourront,  dans  le  Royaume  de  Siam, 
choisir  librement  et  prendre  & leur  service,  comme  inter- 
pretes,  ouvriers,  bateliers,  domestiques,  on  h tout  autre 
titre,  des  Siamois  non  corveable  et  libres  de  tout  engage- 
ment anterieur.  Les  autorites  locales  tiendront  la  main 
& ce  que  les  arrangements  intervenus  & cet  egard  soient 
strictement  executes.  Les  Siamois  au  service  des 
Frangais  jouiront,  d’ailleurs,  de  la  meme  protection  que 
les  Frangais  eux-meme,  mais  s'ils  etaient  convaincus  de 
quelque  crime  oil  infraction  punissable  par  la  loi  de  leur 
pays,  ils  seraient  livres  par  le  Consul  de  France  aux 
autorit£s  locales. 

VII.  Les  Frangais  ne  pourront  etre  retenus,  contre 

leur  volont6  dans  le  Royaume  de  Siam,  it  moins  que  les 

autorites  Siamoises  ne  prouvent  au  Consul  de  France 

qu’il  existe  des  motifs  legitimes  de  s’opposer  k leur 
2 


67 


depart.  Lorsqu’ils  voudront  depasser  les  limites  fixees 
par  le  present  Traite  pour  la  residence  des  sujets  Frangais 
et  voyager  dans  l’interieur,  ils  devront  se  procurer  un 
passe-port,  qui  leur  sera  delivre,  sur  la  demande  du 
Consul,  par  les  autorites  Siamoises. 

Si  ces  Frangais  sont  des  savants,  tels  que  naturalistes 
et  autres,  voyageant  pour  le  progres  des  sciences,  ils 
recevront  de  Pautorite  Siamoise  tous  les  soins  et  bons 
offices  de  nature  it  les  aider  dans  l'accomplissement  de 
leur  mission ; inais  ils  ne  devront  se  livrer  a aucune 
exploitation  durable  sans  Pautorisation  du  Gouverneinent 
Siamois. 

Dans  les  limites  fixees  par  le  present  Traite,  les 
Frangais  pourront  circuler  sans  entraves  ni  retards 
d’aucune  sorte,  pourvu  qu’ils  soient  munis  d’une  passe 
delivree  par  le  Consul  de  France,  laquelle  devra  contenir 
l’indication,  en  caraeteres  Siamois,  de  leurs  noms,  profes- 
sion et  signalement,  et  etre  revetue  du  contre-seing  de 
Pautorite  Siamoise  competente.  Les  Frangais  qui  ne 
seraient  pas  porteurs  de  cette  passe,  et  qui  seraient 
soupgonnes  d’etre  deserteurs,  devront  etre  arretes  par 
P auto  rite  Siamoise  et  ramenes  immediatement  au  Consul 
de  France  avec  tous  les  egards  dus  aux  sujets  d’une  nation 
amie. 

VIII.  Lorsqu’un  Frangais  residant  ou  de  passage 

dans  le  Royaiune  de  Siam  aura  quelque  sujet  de  plainte 

ou  quelque  reclamation  it  formuler  contre  un  Siamois,  il 

devra  d’abord  exposer  ses  griefs  au  Consul  de  France, 

qui,  apres  avoir  examine  l'affaire,  s’efforcera  de  l’arranger 

aimablement.  De  menie,  quand  un  Siamois  aura  it  se 

plaindre  d’un  Frangais,  le  Consul  ecoutera  sa  reclama- 
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68 


tion  avec  interet  et  chercliera  a menager  un  arrangement 
aimable;  mais  si,  dans  l’un  on  l’autre  cas,  la  chose  etait 
impossible,  le  Consul  requerra  l’assistance  du  fonction- 
naire  Siamois  competent,  et  toils  deux,  apres  avoir 
examine  conjointement  P affaire,  statueront  suivant 
Pequite. 

Le  Consul  de  France  s’abstiendra  de  toute  interven- 
tion dans  les  contestations  entre  sujets  Siamoise  on  entre 
des  Siamois  et  des  etrangers.  De  leur  cote,  les  Frangais 
dependront,  pour  toutes  les  difficult^  qui  pourraient 
s’elever  entre  eux,  de  la  juridiction  Frangaise,  et  l’autorite 
Siamoise  n’aura  a s'en  meler  en  aucune  maniere,  non 
plus  que  des  differends  qui  surviendraient  entre  Frangais 
et  etrangers,  a moins  que  ces  differends,  degenerant  en 
rixes  ii  main  arinee,  lie  la  forcent  a intervenir.  Comme 
il  y aurait,  dans  ce  cas,  contravention  aux  lois  du  pays, 
le  Consul  devra  constater  la  nature  du  delit,  et  punir  les 
coupables. 

L'autorite  Siamoise  n’aura  pareillement  i\  exercer 
aucune  action  sur  les  navires  de  commerce  Frangais; 
ceux-ci  lie  releveront  (|iie  de  l’autorite  Frangaise  et  du 
capitaine.  Seulement,  en  l’absence  de  batiments  de 
guerre  Frangais,  l’autorite  Siamoise  devra,  lorsqu’elle  en 
sera  requise  par  le  Consul  de  France,  lui  preter  main- 
forte  pour  faire  respecter  son  autorite  par  ses  nationaux, 
et  pour  maintenir  le  bon  ordre  et  la  discipline  parmi  les 
equipages  des  navires  de  commerce  Frangais. 

IX.  Les  Frangais  seront  egalement  regis  par  la  loi 

Frangaise  pour  la  repression  de  tous  les  crimes  et  delits 

commis  par  eux  dans  le  Eoyaume  de  Siam.  Les  coupables 

seront  recherclies  et  arretes  par  les  autorites  Siamoises,  a 
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69 


la  diligence  du  Consul  de  France,  auqnel  ils  devront  etre 
remis,  et  qni  se  chargera  de  les  faire  pnnir  conformement 
anx  lois  Frangaises.  Si  des  Siamois  se  rendent  conpable 
de  delits  on  de  crimes  envers  des  Frangais,  ils  seront 
arretes  par  l’autorite  Siamoise  et  livres  la  severite  des 
lois  du  Royaume. 

X.  Dans  le  cas  ou  des  navires  de  commerce  Frangais 
seraient  attaques  ou  pilles  par  des  pirates,  dans  des 
parages  dependants  du  Royaume  de  Siam,  l’autorite 
civile  et  militaire  du  lieu  le  plus  rapproche,  des  qu’elle 
aura  connaissance  du  fait;,  en  poursuivra  activement  les 
auteurs,  et  ne  negligera  rien  pour  qu'ils  soient  arretes 
et  punis  conformement  aux  lois.  Les  marchaudises 
enlevees,  en  quelque  lieu  et  dans  quelque  etat  qu’elles  se 
retrouvent,  seront  remises  entre  les  mains  du  Consul, 
qui  se  chargera  de  les  restituer  aux  ayants  droit.  Si  Ton 
ne  pouvait  s’emparer  des  coupables,  ni  recouvrer  la 
totalite  des  objets  voles,  les  fonctionnaires  Siamois,  apres 
avoir  prouve  qu’ils  out  fait  tous  leurs  efforts  pour  arriver 
ii  ce  but,  ue  sauraient  etre  rendus  pecuniairement  re- 
sponsables. 

II  en  sera  de  meme  pour  les  actes  de  pillage  ou  vols 
qui  auront  ete  commis,  a terre,  sur  les  proprietes  des 
Frangais  resident  dans  le  Royaume  de  Siam.  L’autorite 
Siamoise,  apres  avoir  prouve  qu’elle  a fait  tous  ses  efforts 
pour  saisir  les  coupables,  et  recouvrer  la  totalite  des 
objets  voles,  ne  saurait  etre  rendue  pecuniairement 
respousable. 

XI.  S’il  arrive  que  des  matelots  ou  autres  individus 

desertent  des  batiments  de  guerre,  ou  s’evadeut  des 
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navires  de  commerce  Frangais,  l’autorite  Siamoise,  sur  la 
requisition  du  Consul  de  France,  ou,  a son  defaut,  du 
Capitaine,  fera  tous  ses  efforts  pour  decouvir  et  restituer 
sur-le-champ,  entre  les  mains  de  l'un  ou  de  l’autre,  les 
susdits  deserteurs  ou  fugitifs. 

Pareillement,  si  des  Siamois  deserteurs  ou  prevenus 
de  quelque  crime  vont  se  refugier  dans  des  maisons 
Frangaises,  ou  it  bord  de  navires  appartenant  & des 
Frangais,  l’autorite  locale  s’adressera  au  Consul  de 
France,  qui,  sur  la  preuve  de  la  culpabilite  des  prevenus, 
prendra  immediatement  les  mesures  necessaires  pour  que 
leur  extradition  soit  effectuee;  de  part  et  d'autre,  on 
evitera  soigueusement  tout  recel  et  toute  connivance. 

XII.  Si  un  Frangais  fait  faillite  dans  le  Royaume  de 
Siam,  le  Consul  de  France  prendra  possession  de  tous 
les  biens  du  failli,  et  les  remettra  it  ses  creanciers, 
pour  etre  partages  entre  eux.  Cela  fait,  le  failli  aura 
droit  h.  une  decharge  complete  de  ses  creanciers.  II  ne 
saurait  etre  ulterieurement  tenu  de  combler  sou  deficit,  et 
l’on  ne  pourra  considerer  les  biens  qu’il  acquerra  par  la 
suite  comine  susceptibles  d’etre  detournes  it  cet  effet; 
mais  le  Consul  ne  negligera  aucun  moyen  d’operer,  dans 
l’interet  des  creanciers,  la  saisie  de  tout  ce  qui  appar- 
tiendra  au  failli  dans  d’autres  pays,  et  de  constater  qu’il 
a fait  l’abandon  sans  reserve  de  tout  ce  qu’il  possedait 
au  moment  oil  il  a ete  declare  insolvable. 

XIII.  Si  un  Siamois  refuse  ou  elude  le  payement 

d’une  dette  envers  un  Frangais,  les  autorites  Siamoises 

donneront  au  creancier  toute  aide  et  facilite  pour 

recouvrer  ce  qui  lui  est  du;  et,  de  meme,  le  Consul  de 
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France  donnera  toute  assistance  aux  sujets  Siamois,  pour 
recouvrer  les  dettes  qu’ils  auront  a reclamer  des  Frangais. 

XIV.  Les  bien  d’un  Frangais  dans  le  Royaume  de 
Siam,  ou  d’un  Siamois  decede  en  France,  seront  remis 
aux  heritiers  ou  executeurs  testamentaires,  ou  & leur 
defaut,  au  Consul  ou  Agent  Consulaire  de  la  nation  & 
laquelle  appartenait  le  decede. 

XV.  Les  batiments  de  guerre  Frangais  pourront 
p6netrer  dans  le  fleuve  et  jeter  l’ancre  & Paknam;  mais 
ils  devront  avertir  l’autorite  Siamoise  pour  remonter 
jusqu’il  Bangkok,  et  s’entendre  avec  elle  relativement  & 
l’endroit  ou  ils  pourront  mouiller. 

XVI.  Si  un  navire  de  guerre  ou  de  commerce  Frangais 
en  detresse  entre  dans  un  port  Siamois,  les  autorites 
locales  lui  donneront  toute  facilite  pour  se  reparer,  se 
ravitailler  ou  continuer  son  voyage.  Si  un  batiment  sous 
pavilion  Frangais  fait  naufrage  sur  les  cotes  du  Royaume 
de  Siam,  l’autorite  Siamoise  la  plus  proche,  des  qu’elle 
en  sera  informee,  portera,  sur-le-champ,  assistance  it 
l’6quipage,  pourvoira  aux  premiers  besoins,  et  prendra 
les  mesures  d’urgence  necessaires  pour  le  sauvetage  du 
navire  et  la  preservation  des  marcliandises;  puis  elle 
portera  le  tout  it  la  connaissance  du  Consul  ou  Agent 
Consulaire  de  France  le  plus  a portee  du  sinistre,  pour 
que  celui-ci,  de  concert  avec  l'autorite  competente,  puisse 
aviser  aux  moyens  de  rapatrier  l’equipage,  et  de  sauver 
les  debris  du  navire  et  de  la  cargaison. 

XVII.  Moyennant  l’acquittement  des  droits  d'irn- 

portation  et  d’exportation  mentionnes  ci-apres,  les 
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navires  Frangais  et  leurs  eargaisons  seront  affranchis, 
dans  les  ports  Siamois,  de  toutes  taxes  de  tonnage,  de 
licence  de  pilotage,  d’ancrage  et  de  tonte  autre  taxe 
quelconque,  soit  a l’entree,  soit  a la  sortie.  Les  navires 
Frangais  jouiront  de  tons  les  privileges  et  immunities  qui 
sont  on  seront  accordes  aux  jonques  et  navires  Siamois 
eux-memes,  ainsi  qu’aux  navires  des  nations  etrangeres 
les  plus  favorisees. 

XVIII.  Le  droit  a percevoir  sur  les  marcliandises 
importees  par  navires  Frangais  dans  le  Royaume  de  Siam 
n'excedera  point  trois  pour  cent  de  la  valeur.  II  sera 
payable  en  nature  on  en  argent,  an  elioix  de  l’importa- 
teur.  Si  ce  dernier  ne  pent  tomber  d’accord  avec 
Pemploye  Siamois  sur  la  valeur  a attribuer  a la  marchan- 
dise  importee,  il  devra  en  etre  refere  au  Consul  de  France 
et  au  fonctionnaire  Siamois  competent,  lesquels,  apres 
s’etre  adjoint  chacnn  un  ou  deux  negociants  comme 
assesseurs,  s'ils  le  jugent  necessaire,  regleront  l’objet  de 
la  contestation  suivant  l'equite. 

Apres  le  payement  du  droit  d’entree  de  trois  pour 
cent,  les  marcliandises  pourront  etre  vendues  en  gros  ou 
en  detail,  sans  avoir  a supporter  aucune  charge  ou 
surtaxe  quelconque.  Si  des  marcliandises  debarquees  ne 
pouvaient  etre  vendues  et  etaient  reexportees,  la  totalite 
du  droit  paye  par  elles  serait  remboursee  a leur  proprie- 
taire.  II  ne  sera  exige  aucun  droit  sur  la  partie  de  la 
cargaison  qui  ne  sera  point  debarquee. 

XIX.  Les  droits  a percevoir  sur  les  marcliandises 

d'origine  Siamoise,  soit,  avant  leur  exportation  sur  les 

navires  Frangais,  soit  au  moment  de  cette  exportation, 

seront  regies  conformement  au  tarif  annexe  au  present 
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Traite  sous  le  sceau  et  la  signature  des  Plenipotentiaires 
respectifs.  Les  produits  soumis  par  ee  tarif  h des  droits 
d’exportation  seront  affranchis  de  tout  droit  de  transit 
on  autre  dans  l’interieur  du  Royaume,  et  tout  produit 
Siamois  qui  aura  deja  acquitte  une  taxe  interieure  ou 
de  transit  n’aura  plus  & supporter  aueune  taxe  quel- 
conque,  soit  avant,  soit  au  moment  d'etre  mis  & bord  d'un 
navire  Frangais. 

XX.  Moyennant  Pacquittement  des  droits  ci-dessus 
mentionnes,  et  dont  il  est  expressement  interdit  d’aug- 
menter  le  montant  a l’avenir,  les  Frangais  seront  libres 
d’importer  dans  le  Royaume  de  Siam,  des  ports  Frangais 
et  etrangers,  et  d'exporter  egaleinent,  pour  toute  destina- 
tion, toutes  les  marcbandises  qui  ne  seront  pas,  au  jour 
de  la  signature  du  present  Traite,  Pobjet  d’une  prohibi- 
tion formelle  ou  d'un  monopole  special. 

Toutefois,  le  Gouvernement  Siamois  se  reserve  la 
faculte  d'interdire  la  sortie  du  sel,  du  riz  et  du  poisson, 
pour  le  cas  ou  il  y aurait  lieu  d'appreliender  une  disette 
dans  le  Royaume  de  Siam.  Mais,  cette  interdiction,  qui 
devra  etre  publiee  un  mois  a l'avance,  ne  saurait  avoir 
aucun  effet  retroactif.  Xeanmoins,  les  negociants 
Frangais  devront  avertir  l’autorite  des  achats  qu’ils 
auront  faits  anterieurement  a la  prohibition.  Le 
numeraire,  les  approvisionnements  et  les  effets  d’usage 
personnel  pourront  etre  importes  et  exportes  en  franchise. 
Si,  par  la  suite,  le  Gouvernement  Siamois  venait  h reduire 
les  droits  pr^leves  sur  les  marchandises  import6es  ou 
exportees  par  navires  Siamois  ou  autres,  le  benefice  de 
cette  reduction  serait  immediatement  applicable  aux 


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produits  similaires  importes  ou  exportes  par  navires 
Frangais. 

XXI.  Le  Consul  de  France  devra  veiller  a ce  que  les 
capitaines  et  negociants  Frangais  se  conforment  aux  dis- 
positions du  reglement  annexe  au  present  Traite  sous  le 
sceau  et  la  signature  des  Plenipotentiaires  respectifs,  et 
les  autorites  Siamoises  lui  preteront  leur  concours  k 
cet  effet.  Le  Consul  pourra,  de  concert  avec  les  autorites 
Siamoises,  adopter  ulterieurement  et  faire  executer  toutes 
dispositions  nouvelles  qui  seraient  jugees  necessaires  pour 
assurer  la  stricte  observation  des  stipulations  du  present 
Traite.  Toute  les  amendes  qui  pourront  etre  pergues  pour 
infractions  aux  dispositions  du  present  Traite,  le  seront 
au  profit  du  Gouvernement  Siamois. 

XXII.  Apres  un  intervalle  de  douze  annees  revolues, 
h partir  de  l'echange  des  ratifications,  et  si,  douze  mois 
avant  F expiration  de  ce  terrne,  l’une  ou  l'autre  des  Hautes 
Parties  Contractantes  annonce,  par  une  declaration 
officielle,  son  desir  de  reviser  le  present  Traite,  ainsi  que 
le  reglement  et  le  tarif  qui  y sont  annexes,  et  ceux  qui 
viendraient  it  etre  mis  en  vigueur  par  la  suite,  des  Coin- 
missaires  seront  nomines,  de  part  et  d’autre,  a l'effet  d'y 
introduire  toutes  les  modifications  qui  seraient  jugees 
utiles  et  profitables  au  developpement  des  rapports  com- 
merciaux  entre  les  deux  pays. 

XXIII.  Le  present  Traite  ayant  ete  redige  en  Fran- 
gais et  en  Siamois,  et  les  deux  versions  ayant  la  inerne 
portee  et  le  ineme  sens,  le  texte  Frangais  sera  officiel  et 
fera  foi  sous  tous  les  rapports,  aussi  bien  que  le  texte 
Siamois. 


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II  en  sera  de  meme  du  reglement  et  du  tarif  annexes 
au  Traite,  et  qui  sont  egalement  rediges  dans  les  deux 
langues. 

XXIV.  Les  ratifications  du  present  Traite  d’amitie,  de 
commerce  et  de  navigation,  seront  echangees  dans  l’inter- 
valle  d’un  an,  a partir  du  jour  de  la  signature,  ou  plus 
tot,  si  faire  se  peut,  et  le  present  Traite  sera  en  vigueur 
aussitot  que  cet  ecliange  aura  eu  lieu. 

En  foi  de  quoi,  les  Plenipotentiaires  respectifs 
susnomm^s  ont  signe  le  present  Traite  en  triplicata,  et 
y ont  appose  leurs  cachets. 

Sign6  et  scelle  par  les  Plenipotentiaires  respectifs,  & 
Bangkok,  15me  jour  du  mois  d’Aout,  de  l’an  de  grace, 
1856,  correspondant  au  Vendredi  lime  jour  de  la  lune 
montante  du  19me  mois  de  l’annee  du  grand  serpent 
1218,  de  l’ere  civile  Siamoise. 

( l.  s. ) C.  De  Montigny. 

(Cachets  et  signatures  des  cinq  Plenipotentiaires 
Siamois.) 


Here  follow 

General  Regulations  under  which  French  Trade  is 
to  be  Conducted  in  Siam 

and 

Tariff  of  Export  and  Inland  Duties  to  be  Levied  on 
Articles  of  Trade, 

substantially  the  same  as  those  attached  to  the  Treaty 

with  Great  Britain,  April  18,  1855. 

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Denmark, 

1858. 

Treaty  of  Friendship,  Commerce,  and  Navigation, 
between  Denmark  and  Siam.* — Signed  at  Bangkok, 
May  21,  1858. 

( Ratifications  exchanged  at  Bangkok,  September  15, 

1859.  ) 

His  Majesty  Frederick  VII,  King  of  Denmark,  of  the 
Vandals  and  Goths,  Duke  of  Schleswig,  Holstein,  Stor 
marn,  the  Dithmarshes,  Lauenburg  and  Oldenburg;  and 
their  Majesties,  Plira  Bard  Somdetcli  Phra  Paramendr 
Maha  Mongkut,  Phra  Choin  Klan  Chau  Yu  Hua  the  first 
King  of  Siam,  and  Phra  Bard  Somdeteh  Phra  Pawarendr 
Ramesr,  Mahiswaresr  Phra  Pin  Ivlau  Chau  Yu  Hua  the 
second  King  of  Siam ; 

Desiring  to  facilitate  and  extend  their  relations  of 
good  understanding  and  trade,  between  their  respective 
subjects,  have  resolved  to  conclude  a Treaty  of  Friend- 
ship, Commerce  and  Navigation,  based  on  the  common 
interests  of  both  countries,  and  have  therefore,  to  that 
end,  named  their  plenipotentiaries;  that  is  to  say: 

His  Majesty  the  King  of  Denmark  has  named  John 
Jarvie,  Esquire,  Consul  of  Denmark  for  Singapore. 

And  their  Majesties  the  first  and  second  Kings  of 
Siam,  have  named  His  Royal  Highness  Krom  Hluang 
Wongsa  Dhiraji  Snidh,  his  Lordship  Chau  Phaya  Sri 
Suriywongse  Samant  Bongs  Bisuddhe  Maha  Purus  Rat- 
nedom  Samuha  Phra  Kralahome  (the  Prime  Minister), 

*Signed  also  in  the  Danish  and  German  languages. 


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his  Lordship  Chaw  Phaya  Rawe  Wongs  Maha  Kosadhi- 
puti  (the  Minister  for  Foreign  Affairs),  his  Lordship 
Chau  Phaya  Yomaraj  (the  Lord  Mayor  of  the  City  of 
Bangkok),  his  Excellency  Phaya  Wora  Bongse  Bibadhne 
(Superintendent  of  the  Royal  Private  Ministers),  who 
after  having  communicated  to  each  other  their  respective 
full  powers,  and  found  them  to  be  in  good  and  due  form, 
have  agreed  upon  and  concluded  the  following  Articles : 

Art.  I.  There  shall  be  constant  peace  and  perpetual 
friendship,  between  his  Majesty  the  King  of  Denmark, 
his  heirs  and  successors  on  the  one  part,  and  their  Ma- 
jesties the  first  and  second  Kings  of  Siam,  their  heirs  and 
successors  on  the  other  part,  as  well  as  between  the  sub- 
jects of  both  States,  without  exception  of  persons  and 
places. 

The  subjects  of  each  shall  enjoy  in  the  country  of  the 
other  full  and  entire  protection  for  their  persons  and 
property,  agreeably  to  the  established  laws. 

There  shall  be  full  and  entire  freedom  of  commerce 
and  navigation,  for  the  subjects  and  vessels  of  the  two 
High  Contracting  Powers,  in  every  portion  of  their 
respective  territories,  where  trade  or  navigation  is  actu- 
ally allowed,  or  may  hereafter  be  allowed  to  the  subjects 
or  vessels  of  the  most  favoured  nation. 

Danish  ships  of  war  shall  render  friendly  aid  and  as- 
sistance to  such  Siamese  vessels  as  they  may  meet  on  the 
high  seas,  so  far  as  can  be  done  in  accordance  with  inter- 
national law,  and  all  Danish  Consuls  residing  at  ports 
visited  by  Siamese,  shall  also  afford  them  such  friendly 
aid  as  may  be  permitted  by  the  laws  of  the  respective 

countries,  in  which  the  Consuls  reside. 

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II.  The  two  High  Contracting  Powers  recognize  re- 
ciprocally the  right  to  establish  and  appoint,  in  the  ports 
and  the  towns  of  their  respective  States,  Consuls  and 
Consular  Agents;  and  that  these  officers  shall  enjoy  the 
same  privileges,  immunities,  powers  and  exemptions,  as 
are  or  may  be  enjoyed  by  those  of  the  most  favoured 
nation.  Such  Consuls  or  Consular  Agents,  however,  shall 
not  begin  to  exercise  their  functions,  until  they  shall 
have  received  the  Exequatur  of  the  local  Government. 
Danish  Consuls  or  Consular  Agents  in  Siam  shall  be  at 
liberty  to  hoist  their  national  flag  over  their  Consulates. 

The  Danish  Consul  or  Consular  Agent  in  Siam  shall 
have  the  interests  of  all  the  Danish  subjects  in  or  coming 
to  Siam,  under  his  protection,  regulation  and  control. 
He  shall  himself  conform  to  all  the  provisions  of  this 
Treaty,  and  enforce  the  observance  of  the  same  Danish 
subjects  (sic).  He  shall  also  promulgate,  and  give  due 
effect  to  all  rules  and  regulations,  which  are  now,  or  may 
hereafter  be  enacted,  for  the  government  of  Danish  sub- 
jects in  Siam,  the  conduct  of  their  business,  and  their  due 
observance  of  the  laws  of  Siam. 

Should  the  Consul  or  Consular  Agent  be  absent, 
Danish  subjects  visiting  or  residing  in  Siam  may  have 
recourse  to  the  intervention  of  a Consul  of  a friendly  na- 
tion, or  they  may  address  themselves  directly  to  the  local 
authorities,  and  the  said  authorities  shall  take  means  to 
secure  to  such  Danish  subjects,  all  the  benefits  of  the 
present  Treaty. 

III.  Danish  subjects  visiting  or  residing  in  Siam  shall 

be  allowed  the  free  exercise  of  their  religious  belief  and 

worship,  and  be  at  liberty  to  build  churches,  in  such  con- 
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yenient  localities  as  shall  be  consented  to  by  the  Siamese 
authorities,  and  such  consent  shall  not  be  withheld,  with- 
out sufficient  reason  being  assigned. 

IV.  Danish  subjects  wishing  to  reside  in  the  Kingdom 
of  Siam  must  be  registered  at  the  Consulate  of  Denmark, 
a copy  of  which  registration  to  be  furnished  to  the  Siamese 
authorities.  Whenever  a Danish  subject  shall  have  re- 
course to  the  Siamese  authorities,  his  petition  or  claim 
must  be  first  submitted  to  the  Consul  of  Denmark,  and 
if  the  petition  or  claim  appear  to  the  Consul  to  be  reason- 
able, and  written  with  propriety,  he  shall  forward  it,  or 
otherwise  modify  its  contents.  The  Siamese  on  their 
part,  when  they  shall  have  to  address  themselves  to  the 
Consulate  of  Denmark,  shall  follow  a similar  course,  in 
first  addressing  themselves  to  the  Siamese  authorities, 
who  shall  act  in  like  manner. 

V.  Danish  subjects  who  shall  reside  in  a permanent 
manner  in  Siam,  shall  for  the  present  do  so  only  in  the 
city  of  Bangkok,  or  within  a limit  defined  by  the  following 
boundaries,  viz. : 

1.  On  the  North. — By  the  Bang  Putsa  Canal  from  its 
mouth  on  the  Chau  Phya  River,  to  the  old  city  walls  of 
Lobpury,  and  a straight  line  from  Lobpury  to  the  landing 
place  of  Tha  Phrangam,  near  to  the  town  of  Saraburi,  on 
the  river  Pasak. 

2.  On  the  East. — By  a straight  line  drawn  from  the 

landing  place  of  Tha  Phrangam,  to  the  junction  of  Klong- 

kut  Canal,  with  the  Bangpakong  River;  the  Bangpakong 

River  from  the  junction  of  the  Ivlongkut  Canal,  to  its 

mouth ; and  the  coast  from  the  mouth  of  the  Bangpakong 
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River  to  the  island  of  Srimaharajah,  to  such  distance 
inland  as  can  be  reached,  within  24  hours  journey,  from 
Bangkok. 

3.  On  the  Month. — By  the  Island  of  Srimaharajah  and 
the  Islands  of  Se-Chang  on  the  east  side  of  the  gulf,  and 
the  city  walls  of  Petchaburi  on  the  west  side. 

4.  On  the  West. — By  the  western  coast  of  the  gulf  to 
the  mouth  of  the  Meklong  River,  to  such  a distance  inland 
as  can  be  reached  within  24  hours  journey  from  Bangkok. 
The  Meklong  River,  from  its  mouth,  to  the  city  walls 
of  Rajpuri.  A straight  line  from  the  city  walls  of  Rajpuri, 
to  the  town  of  Suphanapuri;  and  a straight  line  from 
Suphanapuri  to  the  mouth  of  the  Bangputsa  Canal,  on  the 
Chau  Pliya  River. 

But  Danish  subjects  may  reside  beyond  these  boun- 
daries, on  obtaining  permission  to  do  so,  from  the  Siamese 
authorities. 

All  Danish  subjects  are  at  liberty  to  travel  throughout 
the  entire  Kingdom  of  Siam,  and  to  trade  by  buying  and 
selling  merchandize,  not  being  contraband,  from  and  to 
whomsoever  they  shall  think  proper;  this  privilege  being 
in  no  way  whatever  affected  by  any  farm  or  exclusive 
right  of  sale  and  purchase. 

VI.  The  Siamese  Government  will  place  no  restric- 
tions upon  the  employment  by  Danish  subjects  of  Siamese 
subjects,  in  any  capacity  whatever.  But  whenever  a 
Siamese  subject  belongs  or  owes  service  to  some  particular 
master,  the  servant  who  engages  himself  to  a Danish  sub- 
ject, without  the  consent  of  his  master,  may  be  reclaimed 

by  him,  and  the  Siamese  Government  will  not  enforce 
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an  agreement  for  services,  between  a Danish  subject  and 
any  Siamese  in  his  employment,  unless  made  with  the 
knowledge  and  consent  of  the  master. 

If  Siamese  in  the  employment  of  a Danish  subject 
offend  against  the  laws  of  Siam,  or  if  any  Siamese  having 
so  offended,  or  desiring  to  desert,  take  refuge  with  a 
Danish  subject  in  Siam,  they  shall  be  searched  for,  and, 
upon  proof  of  their  guilt  or  desertion,  they  shall  be  deliv- 
ered up  by  the  Consul  to  the  Siamese  authorities. 

VII.  Danish  subjects  shall  not  be  detained  against 
their  will  in  the  Kingdom  of  Siam,  unless  the  Siamese 
authorities  shall  prove  to  the  Consul  of  Denmark  that 
there  are  lawful  reasons  for  such  detention. 

Within  the  boundaries  fixed  by  Article  V of  this 
Treaty,  Danish  subjects  shall  be  at  liberty  to  travel  with- 
out hindrance  or  delays  of  any  kind  whatsoever,  provided 
they  have  a passport  signed  by  the  Consul  or  Consular 
Agent  of  Denmark,  containing  in  Siamese  characters  their 
names,  profession  and  identity,  and  countersigned  by  the 
competent  Siamese  authority. 

Should  they  wish  to  go  beyond  the  said  limit  and  travel 
in  the  interior  of  the  Kingdom  of  Siam,  they  shall  procure 
for  themselves  a passport,  which  shall  be  delivered  to 
them  on  the  request  of  the  Consul  or  Consular  Agent  by 
the  Siamese  authorities,  and  such  passport  shall  not  be 
refused  in  any  instance,  except,  with  concurrence  of  the 
Danish  Consul  or  Consular  Agent. 

VIII.  Danish  subjects  may  purchase  land  or  planta- 
tions, and  may  take  on  lease  or  let  land  and  plantations, 

and  may  hire,  buy,  or  build  houses,  within  the  boundaries 
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specified  by  Article  V,  w ith  this  exception  and  limitation 
only,  that  the  power  to  purchase  lands  in  the  city  of 
Bangkok,  or  within  four  British  statute  miles  from  its 
walls,  shall  be  confined  to  those  who  shall  have  resided 
in  Siam  for  10  years,  or  wdio  shall  obtain  a special  licence 
from  the  Siamese  Government.  In  order  to  obtain  posses- 
sion of  such  property,  the  Danish  subject  shall  in  the  first 
place,  make  application  through  the  Consul  to  the  Siamese 
Government,  and  the  Siamese  Government  shall  name  an 
officer  who,  along  with  the  Consul  (having  satisfied  them- 
selves of  the  honest  intentions  of  the  applicant),  shall 
adjust  and  settle  upon  equitable  terms  the  amount  of  the 
purchase  money,  and  shall  make  out  and  fix  the  boun- 
daries of  the  property.  The  Siamese  Government  shall 
then  convey  the  property  to  the  Danisli  purchaser,  and 
such  property  shall  thereupon  be  under  the  protection  of 
the  governor  of  the  district,  and  of  the  particular  local 
authorities;  the  said  purchaser  shall  conform,  in  ordinary 
matters,  to  any  just  direction  to  be  given  to  him  by  them, 
and  he  shall  be  subject  to  the  same  taxation  as  that  levied 
on  Siamese  subjects.  But  if,  through  negligence,  the 
want  of  capital,  or  other  causes,  a Danisli  subject  shall 
fail  to  commence  the  cultivation  or  improvement  of  the 
lands  so  acquired  within  a term  of  3 years  from  the  date 
of  receiving  possession  thereof,  the  Siamese  Government 
shall  have  the  power  of  resuming  the  property  upon  re- 
turning to  the  Danish  subject  the  purchase  money  paid  by 
him  for  the  same. 

Danish  subjects  shall  be  at  liberty  to  search  for  and 
open  mines  in  any  part  of  Siam ; and,  on  a proper  exposi- 
tion being  furnished  to  the  Consul,  he,  in  conjunction 

with  the  Siamese  authorities,  shall  arrange  such  suitable 
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conditions  and  terms  as  shall  admit  of  the  mines  being 
worked.  Danish  subjects  shall  also  be  permitted  to  en- 
gage in  and  carry  on  any  description  of  manufacture 
in  Siam  (the  same  not  being  contrary  to  law),  upon  like 
reasonable  conditions  and  terms,  arranged  between  the 
Consul  and  Siamese  authorities. 

IX.  When  a Danish  subject,  residing  permanently  or 
temporarily  in  the  Kingdom  of  Siam,  shall  have  any  sub- 
ject of  complaint  or  any  claim  to  make  against  a Siamese, 
he  shall  first  submit  his  grievances  to  the  Consul  of  Den- 
mark, who  after  having  examined  the  affair  shall  en- 
deavour to  settle  it  amicably.  In  the  same  manner,  when 
a Siamese  shall  have  to  complain  against  a Danish  sub- 
ject, the  Consul  shall  hear  the  complaint,  and  try  to  make 
an  amicable  settlement  ; but  if  in  such  cases  this  is  im- 
possible, the  Consul  shall  apply  to  a competent  Siamese 
functionary,  and  both,  after  having  together  examined 
the  affair,  shall  decide  thereon  according  to  equity. 

X.  Should  a Danish  subject  be  charged  with  any  grave 
crime  in  the  Kingdom  of  Siam,  he  shall  be  arrested  by 
the  local  authorities  and  be  punished  by  the  Consul  ac- 
cording to  the  laws  of  Denmark,  or  be  transmitted  by 
him  to  Denmark,  to  receive  punishment  on  being  found 
guilty.  Should  a Danish  subject  commit  any  minor  of- 
fence or  misdemeanor  in  Siam,  he  shall  in  like  manner 
be  arrested  by  the  Siamese  authorities,  and,  on  proof  of 
his  guilt,  the  Consul  will  punish  him,  either  by  deporta- 
tion or  pecuniary  mulct.  If  a Siamese  be  guilty  of  any 
crime  or  offence  against  a Danish  subject,  the  offender 
shall  be  arrested  by  the  local  authorities,  and  made  over 

to  the  severity  of  the  laws  of  the  kingdom. 

2 


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XI.  Should  any  act  of  piracy  be  committed  on  Danish 
vessels  on  the  coast  or  in  the  vicinity  of  the  Kingdom  of 
Siam,  the  authorities  of  the  nearest  place,  on  being  in- 
formed of  the  same,  shall  afford  every  assistance  in  the 
capture  of  the  pirates,  and  recovery  of  the  stolen  property, 
which  shall  be  delivered  to  the  Consul  for  restoration  to 
the  owners.  The  same  course  shall  be  followed  by  the 
Siamese  authorities  in  all  acts  of  pillage  and  robbery  com- 
mitted on  the  property  of  Danish  subjects  on  shore.  The 
Siamese  Government  shall  not  be  held  responsible  for 
stolen  property  belonging  to  Danish  subjects,  when  it 
is  proved  that  every  means  in  their  power  have  been 
used  for  its  recovery,  and  the  same  conditions  shall  apply 
equally  to  Siamese  subjects  and  property,  under  the  con- 
trol of  the  Danish  Government. 

XII.  On  the  Danish  Consul  sending  a written  appli- 
cation to  the  Siamese  authorities  he  shall  receive  from 
them  every  aid  and  support  in  detecting  and  arresting 
Danish  sailors  or  subjects,  or  other  individuals  under 
the  protection  of  the  Danish  flag.  On  the  requisition  of 
the  Danish  Consul,  he  shall  also  receive  from  the  Siamese 
authorities  every  aid  and  assistance,  and  such  a force  as 
may  be  necessary  to  enable  him  to  give  due  effect  to  his 
authority  over  Danish  subjects,  and  to  enforce  discipline 
among  Danish  shipping  in  Siam.  In  like  manner,  should 
a Siamese,  guilty  of  desertion  or  any  other  crime,  take 
refuge  in  the  house  of  a Danish  subject  or  on  board  a 
Danish  vessel,  the  local  authorities  shall  address  them- 
selves to  the  Consul  of  Denmark,  and  he  shall,  on  proof 
of  the  culpability  of  the  accused,  immediately  authorize 
his  arrest.  All  concealment  and  connivance  shall  be  care- 
fully avoided  by  both  parties. 

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XIII.  Should  a Danish  subject  engaged  in  business  in 
the  Kingdom  of  Siam  become  bankrupt,  the  Consul  of 
Denmark  shall  take  possession  of  all  his  goods,  in  order 
that  the  same  may  be  distributed  rateably  amongst  his 
creditors ; and  the  Consul  shall  neglect  no  means  to  seize, 
on  behalf  of  creditors,  all  the  goods  the  said  bankrupt 
may  possess  in  other  countries,  and  the  Consul  shall  have 
the  aid  of  the  Siamese  authorities  for  the  purpose.  And, 
in  like  manner,  the  Siamese  authorities  shall  adjudicate 
and  administer  the  effects  of  Siamese  subjects  who  may 
become  bankrupt  in  their  commercial  transactions  with 
Danish  subjects. 

XIV.  Should  a Siamese  subject  refuse  or  evade  the 
payment  of  a debt  to  a Danish  subject,  the  Siamese 
authorities,  shall  afford  the  creditor  every  aid  and  facility 
to  recover  all  that  is  due  to  him.  In  like  manner,  the 
Consul  of  Denmark  shall  give  every  assistance  to  Siamese 
subjects  to  recover  debts  which  may  be  due  to  them  by 
Danish  subjects. 

XV.  The  goods  and  property  of  any  Danish  subject 
who  may  die  in  the  Kingdom  of  Siam,  or  of  any  Siamese 
subject  who  may  die  in  Denmark,  shall  be  delivered  to 
the  executor  of  his  will,  or  (in  case  of  intestacy)  to  the 
Consul  or  Consular  Agent,  to  be  dealt  with  according  to 
the  laws  of  the  nation  to  which  the  deceased  belonged. 

XVI.  Danish  ships  of  war  shall  be  at  liberty  to  enter 
the  river  and  anchor  at  Paknam,  but  they  must  inform 
the  Siamese  authorities  of  their  intention  to  go  up  to 
Bangkok,  and  have  an  understanding  with  the  said 

authorities  concerning  the  place  where  they  are  to  anchor. 

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XVII.  Should  a Danish  vessel  in  distress  enter  into  a 
Siamese  port,  the  local  authorities  shall  give  every  facil- 
ity for  her  being  repaired  and  revictualled,  so  that  she 
may  be  enabled  to  continue  her  voyage.  Should  a Danish 
vessel  be  wrecked  on  the  coast  of  the  Kingdom  of  Siam, 
the  Siamese  authorities  of  the  nearest  place,  being  in- 
formed thereof,  shall  immediately  give  all  assistance  to 
the  crew,  shall  supply  their  wants,  and  take  all  measures 
necessary  for  the  salvage  and  protection  of  the  vessel  and 
cargo,  and  shall  afterwards  inform  the  Consul  of  Den- 
mark of  what  lias  been  done  by  the  said  authorities,  in 
order  that  the  Consul,  together  with  the  competent  Siam- 
ese authority,  may  take  steps  for  sending  the  crew  to  their 
homes,  and  for  preserving  and  disposing  of  the  wreck  and 
cargo,  and  adjusting  any  legal  claims  thereon. 

XVIII.  By  paying  the  duties  of  importation  and  ex- 
portation, as  after  mentioned,  Danish  vessels  and  their 
cargoes  shall  be  free  in  Siamese  ports  of  all  taxes  of  ton- 
nage, pilotage,  anchorage,  and  of  any  other  tax  what- 
ever, either  on  their  arrival  or  on  their  departure.  Danish 
vessels  shall  enjoy  all  privileges  and  immunities  which 
are  or  shall  be  granted  to  junks  and  to  Siamese  vessels 
themselves,  as  well  as  to  the  vessels  of  the  most  favoured 
nations. 

XIX.  The  duties  to  be  levied  on  merchandize  imported 

by  Danish  vessels  into  the  Kingdom  of  Siam,  shall  not 

exceed  3 per  cent,  on  their  value.  They  shall  be  paid  in 

kind  or  in  money,  at  the  choice  of  the  importers.  If  the 

importer  cannot  agree  with  the  Siamese  officer  as  to  the 

value  of  the  imported  merchandize,  a reference  shall  be 

made  to  the  Consul  of  Denmark  and  a competent  Siamese 
2 


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functionary,  who,  after  having  each  called  in  for  con- 
sultation one  or  two  merchants  as  advisers,  if  they  shall 
think  it  necessary,  shall  settle  the  difference  according 
to  justice. 

After  the  payment  of  the  said  import  duty  of  3 per 
cent,  the  merchandize  may  be  sold  by  wholesale  or  retail, 
free  of  any  other  tax  or  charge  whatsoever.  Should  mer- 
chandize be  landed  and  not  sold,  and  be  again  shipped 
for  exportation,  the  whole  of  the  duties  paid  on  them  shall 
be  reimbursed.  No  duty  shall  be  levied  on  any  cargo  not 
sold.  And  no  further  duty,  tax  or  charge  shall  be  im- 
posed or  levied  on  such  imported  merchandize  when  it 
has  passed  into  the  hands  of  Siamese  purchasers. 

XX.  The  duties  to  be  levied  on  Siamese  produce, 
either  before  or  at  the  time  of  shipment,  shall  be  accord- 
ing to  tariff,  annexed  to  the  present  Treaty.  Every 
article  of  produce  subject  by  the  tariff  to  duties  of 
exportation  shall  be  free  of  any  duty  of  transit,  or  any 
other  duty  in  any  part  of  the  Kingdom ; and  all  Siamese 
produce  which  shall  have  been  already  taxed  either  for 
transit,  or  for  any  other  cause,  shall  be  no  more  taxed 
either  under  the  tariff  hereto  annexed,  or  in  any  way 
whatever  before  or  at  the  time  of  shipment. 

The  Siamese  Government  reserves  to  itself  the  right, 
at  any  time  hereafter,  to  impose  a single  tax  or  duty 
upon  any  article  which  is,  or  may  become  a production 
of  Siam,  and  which  is  not  specified  in  the  annexed  tariff, 
or  at  present  subject,  either  directly  or  indirectly,  to  a 
Governmental  charge  of  any  kind,  but  the  Siamese  Gov- 
ernment agrees  that  the  said  tax  or  duty,  if  levied,  shall 

be  just  and  reasonable. 

2 


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XXI.  By  paying  the  duties  above  mentioned,  which 
shall  not  be  increased  in  future,  Danish  subjects  shall 
be  free  to  import  into  the  Kingdom  of  Siam,  from  Danish 
and  foreign  ports,  and  likewise  to  export  for  all  destina- 
tions any  merchandize  which  shall  not  be,  on  the  day 
of  the  signing  of  the  present  Treaty,  the  object  of  a 
formal  prohibition  or  of  a special  monopoly.  The 
Siamese  Government  reserve  to  themselves,  however,  the 
right  of  prohibiting  the  exportation  of  salt,  rice,  or  fish, 
whenever  they  shall  think  that  there  is  reason  to  appre- 
hend a dearth  in  the  country.  But  the  prohibition, 
which  must  be  published  one  month  before  being  enforced, 
shall  not  have  any  effect  on  the  fulfillment  of  contracts, 
made  bond  fide  before  the  publication  of  such  prohibition. 
Danish  merchants,  however,  shall  inform  the  Siamese 
authorities  of  any  purchases  they  may  have  made  pre- 
viously to  the  prohibition.  Specie,  provisions,  and  per- 
sonal effects  may  be  imported  and  exported,  free  of  duty. 
Should  the  Siamese  Government  hereafter  reduce  the 
duties  on  merchandize,  imported  or  exported,  by  Siamese 
or  any  other  vessels,  the  benefit  of  this  reduction  shall 
be  immediately  applied  to  similar  produce  imported  or 
exported  by  Danish  vessels. 

XXII.  The  Consul  of  Denmark  shall  see  that  Danish 
merchants  and  shipmasters  conform  themselves  to  the 
regulations  annexed  to  the  present  Treaty,  and  the 
Siamese  authorities  shall  aid  him  to  that  end.  All  fines 
levied  for  infractions  of  the  present  Treaty  shall  belong 
to  the  Siamese  Government. 

XXIII.  The  Danish  Government  and  Danish  subjects 

shall  be  allowed  free  and  equal  participation  in  any 
2 


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privileges  that  may  have  been,  or  may  hereafter  be 
granted  by  the  Siamese  Government  to  the  Government, 
citizens,  or  subjects  of  any  other  nation. 

XXIV.  After  the  lapse  of  12  years  from  the  date  of 
the  ratification  of  this  Treaty,  upon  the  desire  of  either 
of  the  High  Contracting  Parties,  and  on  12  months’ 
notice  thereof,  this  Treaty,  together  with  the  Tariff  and 
regulations  hereunto  annexed,  and  those  that  may  here- 
after be  introduced,  shall  be  subject  to  revision  by  Com- 
missioners to  be  appointed  on  both  sides  for  the  pur- 
pose with  power  to  make  sucli  alterations,  additions,  and 
amendments  as  experience  may  prove  to  be  desirable. 

XXV.  This  Treaty,  executed  in  English,  as  the 
language  of  communication  between  the  two  High  Con- 
tracting Powers,  and  of  which  Treaty  a translation  in 
the  Siamese  character  is  appended,  shall  take  effect  im- 
mediately, and  the  ratification  of  the  same  shall  be 
exchanged  at  Bangkok,  within  18  months  from  the  date 
thereof. 

In  witness  whereof  the  above-named  Plenipotentiaries 
have  signed  and  sealed  the  present  Treaty  in  triplicate, 
at  Bangkok,  on  the  21st  day  of  May,  in  the  year  of  1858 
of  the  Christian  era,  corresponding  with  the  9th  waxing 
day  of  the  7tli  moon,  of  the  1220th  year  of  the  Siamese 
civil  era. 

(l.  s.)  J.  Jarvie. 

( Signatures  and  seals  of  the  5 Siamese  Plenipotentiaries.) 


2 


90 


Here  follow 

General  Regulations  under  which  Danish  Trade  is 

TO  BE  CONDUCTED  IN  SIAM 
AND 

Tariff  of  Export  and  Inland  Duties  to  be  levied  on 
Articles  of  Trade, 

substantially  the  same  as  those  attached  to  the  Treaty 
with  Great  Britain,  April  18,  1855. 


2 


91 


Portugal, 

1859. 

Treaty  op  Friendship,  Commerce,  and  Navigation, 
between  Portugal  and  Siam. — Signed  at  Bangkok, 
February  10,  1859. 

(Ratifications  exchanged  at  Bangkok,  August  28,  1861.) 

( Translation. ) 

I,  Dom  Pedro,  by  the  grace  of  God,  King  of  Portugal 
and  the  Algarves,  of  the  Hither  and  Nether  Sea  in  Africa, 
Lord  of  Guinea,  and  by  conquest,  navigation,  and  com- 
merce, of  Ethiopia,  Arabia,  Persia,  and  India,  &c.,  make 
known  to  those  to  whom  this  present  Letter  of  Confirma- 
tion may  come,  that,  on  the  10th  of  February,  1859,  was 
concluded  and  signed  in  Bangkok,  between  myself  and 
their  Majesties  the  First  and  Second  Kings  of  Siam,  by 
the  respective  Plenipotentiaries,  furnished  with  full 
powers,  a Treaty  of  Friendship,  Commerce,  and  Naviga- 
tion, of  which  the  following  is  the  tenour: — 

Their  Majesties  the  First  and  Second  Kings  of  Siam 
having  manifested  the  desire  to  conclude  with  Portugal  a 
Treaty  of  Commerce  and  Navigation,  which,  confirming 
and  consolidating  the  ancient  relations  of  friendship 
which  for  ages  have  existed  between  the  two  countries, 
should  at  the  same  time  enable  the  Portuguese  to  trade 
in  Siam  and  the  Siamese  in  Portugal,  with  privilege 
equal  to  those  which  their  Majesties  have  conceded  to 
certain  Western  Powers  by  Treaties  lately  concluded, 
and  His  Most  Faithful  Majesty  the  King  of  Portugal 
duly  appreciating  so  benevolent  and  amicable  an  invita- 
tion, and  desiring  to  reciprocate  completely,  being  ani- 
mated by  the  same  sentiments  towards  their  Majesties  the 
2 


92 


First  and  Second  Kings  of  Siam  and  their  subjects,  His 
Most  Faithful  Majesty  King  Dom  Pedro  V.  of  Portugal, 
and  their  Majesties  Pra  Bath  Somdetch  Pra  Paramende 
Maha  Mong  Kut  Pra  Chom  Clao  Chao  Yu  Hua,  First 
King  of  Siam,  and  Pra  Bath  Somdetch  Pra  Paramende 
Rainers  Mahisvaresr  Pra  Pin  Clao  Chao  Yu  Hua,  Second 
King  of  Siam,  have  resolved  that  a Treaty  of  Friendship, 
Commerce,  and  Navigation  be  concluded  between  Por- 
tugal and  Siam,  which  may  establish  on  a solid  basis  the 
relations  of  peace,  friendship,  and  alliance  which  have 
always  existed  between  the  Portuguese  and  Siamese  na- 
tions, and  may  assure  to  the  subjects  of  the  respective 
States  the  highest  commercial  advantages;  and  to  this 
end  have  named  as  their  Plenipotentiaries: 

His  Most  Faithful  Majesty,  the  King  of  Portugal, 
Isidoro  Francisco  Guimard es,  Councillor  of  His  Majesty 
and  his  Plenipotentiary  in  China,  Knight  Commander  of 
the  Portuguese  Orders  of  San  Bento  de  Aviz  and  of  Our 
Lady  of  the  Conception  of  Villa  Vigoza,  and  of  Charles 
III  of  Spain,  Companion  of  the  Order  of  Christ,  and  of 
the  Ancient  and  Most  Noble  Order  of  the  Tower  and 
Sword  for  Valour,  Loyalty,  and  Merit,  and  Captain  in 
the  Navy;  and 

Their  Majesties  the  First  and  Second  Kings  of  Siam, 
His  Royal  Highness  the  Prince  Krom  Illuang  Wongsa 
Fhirat  Sanitli ; his  Excellency  Chao  Pya  Niconbodin  Sa 
Maha  Nayok,  Generalissimo  of  the  Siamese  army;  his 
Excellency  Chao  Pya  Srv  Suriwongse  Sa  Muha  Pra 
Kalahome,  Minister  of  the  Realm;  his  Excellency  Chao 
Pya  Raviwong  Phraklang,  Minister  of  Foreign  Affairs; 
his  Excellency  Chao  Pya  Y'ommarat,  Minister  of  Jus- 


2 


93 


tice;  his  Excellency  Pya  Varapong,  Privy  Minister  of 
His  Majesty  the  First  King: 

Who,  after  having  communicated  to  one  another  their 
respective  full  powers,  found  in  good  and  due  form,  have 
agreed  upon  the  following  Articles : — 

Art.  I.  The  ancient  friendship  and  alliance  between 
His  Most  Faithful  Majesty  the  King  of  Portugal  and  his 
successors,  and  their  Majesties  the  First  and  Second 
Kings  of  Siam  and  their  successors,  are  confirmed  and 
consolidated  by  this  present  Treaty.  The  subjects  of 
each  of  the  two  countries  will  enjoy  entire  and  full  pro- 
tection for  their  persons  and  goods  according  to  the  exist- 
ing laws,  and  will  have  reciprocal  rights  to  all  the  privi- 
leges which  are,  or  may  be,  conceded  to  the  subjects  of 
foreign  and  most  favoured  nations. 

II.  Portugal  will  continue  to  have  in  Siam  a Consul 
or  Consular  Agent,  the  High  Contracting  Parties  recip- 
rocally recognizing  the  right  of  nominating  Consuls  or 
Consular  Agents  to  reside  in  the  ports  of  the  States  of 
the  one  and  the  other,  wherever  they  may  judge  it  con- 
venient to  establish  them. 

III.  These  Consuls  or  Consular  Agents  will  be 
charged  with  the  duty  of  protecting  the  interests  and 
trade  of  their  compatriots,  of  causing  them  to  conform 
to  the  dispositions  of  the  present  Treaty,  to  act  as  inter- 
mediary between  them  and  the  authorities  of  the  country, 
to  insure  the  strict  execution  of  the  stipulated  Regula- 
tions, and  to  make  such  Regulations  as  they  may  judge 
necessary  for  the  putting  in  execution  the  present 

Treaty. 

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94 


IV.  The  Consuls  will  not  enter  on  tlieir  duties  with- 
out an  exequator  of  the  Sovereign  of  the  territory,  and 
will  enjoy,  as  well  as  the  Consular  Agents  and  the  Chan- 
cellors of  the  Consulates,  all  the  privileges  and  exemp- 
tions which  may  be  conceded  during  their  residence  to 
the  Agents  of  the  same  class  of  the  most  favoured  nation. 

V.  The  Consuls  and  Consular  Agents  of  the  High  Con- 
tracting Parties  may  hoist  their  respective  flags  at  their 
residences. 

VI.  Any  question  which  may  arise  between  Portu- 
guese and  Siamese  subjects  must  be  laid  before  the  Portu- 
guese Consul,  who,  in  concert  and  agreement  with  the 
Siamese  authorities,  will  endeavour  to  settle  it  amicably; 
and  in  case  of  not  being  able  to  do  so,  civil  questions  will 
be  decided  by  the  Consul  or  by  the  Siamese  authority, 
according  to  the  nationality  of  the  delinquent  or  accused 
person,  and  in  conformity  with  the  respective  laws. 

The  Consul  will  never  interfere  in  questions  which 
solely  concern  Siamese  subjects,  nor  the  Siamese  authori- 
ties in  questions  solely  relating  to  Portuguese  subjects, 
except  in  the  case  of  crimes  in  which  the  delinquents  will 
be  taken  into  custody  by  the  local  authority  and  handed 
over  to  the  Portuguese  Consul  to  be  punished  according  to 
the  Portuguese  laws,  or  sent  to  Macao  to  be  tried  there.  In 
any  question  in  which  Portuguese  or  Siamese  subjects  are 
interested,  the  Portuguese  Consul,  as  well  as  the  Siamese 
authorities,  will  have  the  right  to  be  present  at  the  inves- 
tigations which  are  made  for  the  elucidation  of  the  case, 
having  a right  to  receive,  whenever  it  is  possible,  copies  of 
the  depositions  and  other  documents  relating  to  the  trial 

till  the  conclusion  of  the  case. 

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VII.  Siamese  subjects  may  not  seize,  cause  injury  to, 
or  in  any  way  interfere  with,  the  persons  of  Portuguese 
subjects,  nor  with  their  houses,  farms,  lands,  ships,  or  any 
other  description  of  property.  In  case  of  infringement  of 
this  Clause  the  Siamese  authorities  will  take  cognizance 
of  the  case  and  will  inflict  punishment  on  the  culpable. 
In  the  same  manner  Portuguese  subjects  may  not  seize, 
prejudice,  or  interfere  with  the  persons  of  Siamese  sub- 
jects, nor  with  their  houses,  farms,  lands,  ships,  or  any 
other  description  of  property  of  which  they  may  be  pos- 
sessed, it  being  the  duty  of  the  Portuguese  Consul  to 
make  himself  acquainted  with  any  infringement  of  this 
provision  and  to  punish  the  guilty. 

VIII.  Portuguese  subjects  will  enjoy  in  the  whole  of 
the  Kingdom  of  Siam  and  its  dependencies  entire  liberty 
of  conscience  conformably  to  the  principles  of  absolute 
toleration,  being  permitted,  as  from  remote  times  it  has 
been  permitted  to  them,  to  comply  with  their  Catholic  du- 
ties, and  to  take  part  in  Christian  worship,  whether  in 
their  houses  or  in  public  churches,  which  they  will  be 
freely  permitted  to  construct  in  localities  which  the 
Siamese  authorities,  in  concert  with  the  Consul,  may  in- 
dicate for  this  purpose;  which  churches  will  be  served  by 
Portuguese  priests,  who  will  enjoy  all  the  privileges  con- 
ceded to  the  priests  of  other  European  nations  which  have 
Treaties  with  Siam.  In  the  same  way,  Siamese  subjects 
will  never  be  molested  in  Portuguese  dominions  on  ac- 
count of  their  religion,  which  will  be  observed  by  them 
the  same  as  is  done  by  those  of  other  nations  of  a different 
religious  communion. 


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IX.  All  Portuguese  subjects  who  wish  to  reside  in  the 
Kingdom  of  Siam  must  be  registered  at  the  Consulate- 
General  of  Portugal  in  Bangkok.  Copies  of  these  Regis- 
ters must  be  sent  to  the  Siamese  authorities. 

X.  Whenever  any  Portuguese  subject  shall  have  re- 
course to  the  Siamese  authorities,  his  Petition  or  recla- 
mation will  be  presented  to  the  Portuguese  Consul,  who, 
finding  it  just  and  drawn  up  in  due  form,  will  forward 
it,  or  in  the  event  of  this  not  being  the  case  will  modify 
the  wording,  or  refuse  to  forward  it.  In  the  same  way,  the 
Siamese  who  may  have  recourse  to  the  Portuguese  Con- 
sulate must  follow  an  analogous  method  by  means  of  his 
authorities,  who  will  proceed  in  the  same  way  with  refer- 
ence to  the  justice  and  drawing  up  of  their  Petitions  and 
reclamations. 

XI.  Portuguese  subjects  are  permitted  to  reside  in  the 
Kingdom  of  Siam,  and  to  trade  freely  and  with  all  secur- 
ity in  all  the  ports  of  the  said  kingdom,  buying  and  selling 
whatever  they  please,  without  this  liberty  being  interfered 
with  by  any  monopoly,  or  exclusive  privilege  of  purchase 
or  sale;  and  they  will  be  permitted  to  reside  permanently 
in  Bangkok  and  in  the  neighbourhood  of  this  city  within 
a circuit  of  a radius  equal  to  a distance  travelled  in  24 
hours  by  a boat  of  the  country. 

The  boundaries  of  this  radius  are: — 

1. — On  the  North. 

The  Bangputsa  Canal  from  its  mouth  on  the  Chao  Pya 
River  to  the  ancient  walls  of  the  city  of  Lobpuri,  and  a 

straight  line  drawn  from  Lobpuri  to  the  landing-place  of 

2 


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Ta-pra-ngam,  near  to  the  city  of  Saraburi  on  the  River 
Pasak. 


2. — On  the  East. 

A straight  line  drawn  from  the  landing-place  of 
Ta-pra-ngam  to  the  junction  of  the  Klongkut  Canal  with 
the  River  Bang-pa-kong ; the  River  Bang-pa-kong  from  its 
junction  with  the  Klongut  Canal  to  its  month;  and  the 
coast  from  the  mouth  of  the  River  Bang-pa-kong  to  the 
Island  of  Srimaharajah  to  such  a distance  inland  as  may 
be  reached  in  a 24  hours'  journey  from  Bangkok. 

3.  — On  the  South. 

The  Island  of  Srimaharajah  and  the  Islands  of 
Se-clmng  on  the  eastern  side  of  the  gulf,  and  the  walls  of 
the  city  of  Petchaburi  on  the  west  side. 

4.  — On  the  West. 

The  western  coast  of  the  gulf  to  the  mouth  of  the  River 
Meklong,  to  such  a distance  from  the  interior  as  may  be 
reached  in  a 24  hours'  journey  from  Bangkok.  The  River 
Meklong  from  its  mouth  to  the  walls  of  the  city  of 
Rajpuri:  a straight  line  from  the  walls  of  Rajpuri  to  the 
town  of  Subharnapuri,  and  a straight  line  from  the  town 
of  Subharnapuri  to  the  mouth  of  the  Bangputsa  Canal  on 
the  Chao  Pya  River. 

XII.  Within  the  boundaries  indicated  in  the  preceding 

Clause,  Portuguese  subjects  will  at  any  time  be  permitted 

to  purchase,  sell,  or  build  houses,  and  to  make  depots  or 

stores  of  provisions;  to  purchase,  sell,  and  rent  lands  or 

plantations.  But  if  any  Portuguese  subject  desires  to 

purchase  lands  situated  less  than  6 kilom.  (200  sen) 
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from  the  walls  of  Bangkok,  it  will  be  necessary  for  him  to 
obtain  a special  authorization  for  this  purpose  from  the 
Siamese  Government,  except  in  the  case  of  his  having 
already  resided  for  10  years  in  the  Kingdom  of  Siam. 
The  boundaries  of  the  circuit  of  6 kilom.  are : — 

1.  — On  the  North. 

One  sen  to  the  north  of  Wat  Kemabhirataram. 

2.  — On  the  East. 

Six  sen  and  7 fathoms  to  the  south-west  of  Wat  Bang- 
Kapi. 

On  the  South. 

About  19  sen  to  the  south  of  the  village  of  Bang-Kapeo. 

4. — On  the  West. 

About  2 sen  to  the  south-west  of  the  village  of 
Bangphrom. 

The  marks  of  the  locality  where  the  line  of  circum- 
ference cuts  the  river  below  Bangkok  are,  on  the  left  bank 
of  the  river,  3 sen  below  the  village  of  Bang-ma-nao,  and 
on  the  left  bank  about  1 sen  below  the  village  of  Bang- 
lanpuluen. 

XIII.  When  any  Portuguese  subject  wishes  to  acquire 
freehold  property,  he  must  apply  through  the  inter- 
mediary of  the  Consul  to  the  competent  local  authority, 
which,  in  concert  with  the  Consul,  will  aid  in  settling  the 
price  of  the  purchase,  and  will  hand  over  to  him  his  title- 
deeds,  after  a demarcation  of  the  boundaries  of  the  prop- 
erty has  been  made.  The  purchaser  must  conform  to  the 

laws  and  Regulations  of  the  country,  and  the  property 
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will  be  subject  to  the  same  taxation  as  that  to  which 
property  belonging  to  inhabitants  of  the  country  is  sub- 
ject. If  in  the  space  of  three  years  from  the  date  of 
possessing  the  land  it  has  not  been  cultivated,  the  Siamese 
Government  has  the  right  to  annul  the  sale,  repaying  to 
the  purchaser  the  amount  which  he  paid  for  the  land. 

XIV.  The  property  of  Portuguese  subjects  dying  in 
the  Kingdom  of  Siam,  or  of  Siamese  subjects  dying  in 
Portuguese  possessions,  will  be  handed  over  to  their  heirs 
or  the  executors  of  their  wills,  and  in  default  of  these,  to 
the  Consul  or  Consular  Agent  of  the  nation  to  which  the 
deceased  belonged. 

XV.  Portuguese  subjects  will  be  permitted  to  build 
ships  at  their  owu  expense  in  the  ports  of  Siam,  obtaining 
for  this  purpose  a license  from  the  Siamese  Government. 

XVI.  Portuguese  subjects  resident  in  Siam  will  be 
permitted  to  employ  in  their  service  as  interpreters,  work- 
people, rowers,  or  in  any  other  capacity,  Siamese  subjects 
who  are  at  liberty  to  engage  themselves  as  such.  The 
local  authorities  will  take  care  that  the  agreements  made 
with  this  object  are  complied  with.  The  Siamese  who 
are  employed  in  the  service  of  Portuguese  subjects  will 
enjoy  the  same  protection  as  the  Portuguese  subjects  them- 
selves; but  in  case  of  their  being  convicted  of  any  crime 
which  by  the  laws  of  the  country  is  punishable,  on  the 
crime  being  proved  they  must  be  handed  over  by  the 
Consul  to  the  authorities  of  the  country. 

XVII.  If  any  Siamese  subjects  employed  in  the 

service  of  Portuguese  subjects  having  become  guilty  of 
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100 


a breach  of  the  laws  of  the  country,  or  Siamese  criminals 
desiring  to  fly,  conceal  themselves  in  the  house  of  a Portu- 
guese subject,  such  individuals  will  be  sought  for  by  the 
Portuguese  Consul  at  the  place  where  they  have  taken 
refuge,  and  the  guilt  or  the  flight  being  proved,  will  be 
handed  over  to  the  Siamese  authorities.  In  the  same  way, 
any  Portuguese  criminals,  resident  or  trading  in  Siam,  or 
any  deserters  from  Portuguese  merchant-  or  war-ships, 
will  be  apprehended  and  handed  over  to  the  Consul  by 
the  Siamese  authorities  as  soon  as  they  are  applied  for. 
In  the  absence  of  the  Consul,  the  deserters  will  be  handed 
over  on  the  requisition  of  the  Commandants  or  Captains 
of  ships. 

XVIII.  Xo  Portuguese  subject  may  be  detained  in  the 
Kingdom  of  Siam  unless  the  Siamese  authorities  prove 
to  the  Portuguese  Consul  that  legitimate  reasons  exist 
for  preventing  their  departure.  The  Portuguese  subjects 
who  wish  to  pass  beyond  the  boundaries  established  for 
their  residence  by  the  present  Treaty  must  be  furnished 
with  a passport,  which  will  be  granted  them  by  the 
Siamese  authority  on  the  requisition  of  the  Consul.  Any 
Portuguese  subject  married  in  Siam  to  a Siamese  woman, 
who  may  desire  to  leave  the  country  with  his  family,  will 
meet  with  no  obstacle  on  the  part  of  the  Siamese  author- 
ities. 

XIX.  The  Siamese  authorities  shall  have  no  power 
over  Portuguese  merchant-ships,  which  will  be  subject 
solely  to  the  authority  of  the  Consul  and  of  the  captain. 
In  default  of  Portuguese  ships  of  war,  and  at  the  request 

of  the  Consul,  the  Siamese  authorities  will  give  him  every 

2 


101 


assistance  which  he  may  need  to  make  his  authority 
respected  by  his  compatriots,  and  to  maintain  the  good 
order  and  discipline  of  the  ships  of  his  country. 

XX.  If  any  Siamese  subject  refuses  to  pay,  or  en- 
deavours to  avoid  payment  of,  any  debt  due  to  a Portu- 
guese subject,  the  Siamese  authorities  will  render  the 
creditor  every  assistance  necessary  to  enable  him  to  re- 
cover such  debt.  In  like  manner,  the  Portuguese  Consul 
will  render  every  assistance  to  any  Siamese  subject  to 
recover  payment  of  sums  owing  to  him  by  Portuguese 
subjects. 

XXI.  In  the  case  of  any  Portuguese  subject  settled  in 
Siam  becoming  bankrupt,  the  Portuguese  Consul  will 
take  possession  of  all  the  property  of  the  bankrupt,  which 
will  be  divided  amongst  the  creditors,  the  debtor  being  re- 
lieved from  the  obligation  to  make  good  the  deficit  with 
property  which  he  may  acquire  in  the  future.  The  Portu- 
guese Consul  will  take  care  that  the  whole  of  the  property 
to  which  the  bankrupt  is  entitled  at  the  time  of  his  failure, 
whether  in  Siam  or  elsewhere,  is  placed  without  reserve  at 
his  disposition,  for  division  amongst  the  creditors  as 
aforesaid.  And  in  the  same  way  the  Siamese  authorities 
will  adjudicate  and  administrate  the  property  of  any 
Siamese  subject  who  may  fail  in  commercial  transactions 
with  Portuguese  subjects. 

XXII.  Portuguese  ships  of  war  shall  be  at  liberty  to 
enter  the  river  and  anchor  at  Paknam,  but  they  must 
inform  the  Siamese  authorities  of  their  intention  before 
going  up  to  Bangkok,  and  come  to  an  understanding  with 

them  as  to  the  place  where  they  are  to  anchor. 

2 


102 


XXIII.  Should  any  Portuguese  ship  of  war  or  Mer- 
chant vessel  enter  any  of  the  ports  of  the  Kingdom  of  Siam 
damaged,  or  in  want  of  provisions  or  water,  the  Siamese 
authorities  shall  render  every  necessary  aid  to  enable  her 
to  he  in  a position  to  continue  her  voyage.  In  case  of  ship- 
wreck the  local  authorities  will  give  every  aid  to  the  ship- 
wrecked crew,  providing  all  they  may  need,  and  will  em- 
ploy all  the  means  in  their  power  to  save  as  much  as  pos- 
sible, as  well  of  the  ship  as  of  the  cargo,  having  a care- 
ful watch  kept  that  nothing  of  the  salvage  is  made  away 
with,  and  to  have  the  salvage  taken  charge  of  that  it  may 
be  handed  over  to  the  Consul,  to  whom  they  will  com- 
municate what  has  happened  with  all  speed.  The  owners 
of  the  said  ships  will  pay  all  expenses,  the  account  of 
which  must  be  presented  to  the  Consul  for  examination 
by  him. 

XXIV.  Merchant-vessels  and  their  cargoes  will  not  be 
subject  in  the  ports  of  the  Kingdom  of  Siam  to  any 
charges  for  tonnage,  pilotage,  anchorage,  or  any  other 
charge  whatever,  whether  on  their  entry  or  their  de- 
parture, except  only  to  the  import  and  export  duties  men- 
tioned in  the  following  Clauses;  the  said  ships  enjoying 
all  the  privileges  and  immunities  which  are  or  may  be 
conceded  to  Siamese  junks  and  ships,  or  to  those  of  the 
most  favoured  nation. 

XXV.  The  import  duties  payable  on  foreign  mer- 
chandize in  the  ports  of  the  Kingdom  of  Siam  by  Portu- 
guese ships  will  never  exceed  3 per  cent,  of  the  value, 
which  will  be  paid  either  in  money  or  in  goods  at  the 
choice  of  the  importer.  In  case  of  disagreement  between 

the  importer  and  the  Siamese  officials  as  to  the  value  at 

2 


103 


which  the  merchandize  should  be  assessed,  the  question 
will  be  submitted  for  the  decision  of  the  Consul  and  of 
the  competent  Siamese  functionary,  who  may  each  name 
two  merchants  as  arbitrators  if  they  consider  it  desirable 
to  do  so.  After  payment  of  the  said  duty  of  3 per  cent, 
the  important  merchandize  may  be  sold  in  any  part  of  the 
Kingdom  of  Siam  wholesale  or  retail,  without  being  sub- 
ject to  any  further  payment  of  duty.  Merchandize  which 
is  not  disembarked  will  pay  no  duty,  and  the  importer 
will  be  repaid  any  duty  which  he  may  have  paid  on  mer- 
chandize which  he  re-exports. 

XXVI.  The  duties  to  be  levied  on  merchandize  of 
Siamese  production,  either  before  its  exportation  in  Por- 
tuguese ships  or  at  the  time  of  exportation,  will  be  regu- 
lated by  the  Tariff  annexed  to  this  present  Treaty,  signed 
and  sealed  by  the  respective  Plenipotentiaries.  The 
articles  of  produce  which  are  subject  to  payment  of  the 
duties  indicated  in  the  said  Tariff  will,  by  this  fact,  be 
freed  from  any  transit  or  other  dues  which  they  would 
otherwise  be  subject  to  in  the  interior  of  the  kingdom. 
In  the  same  way,  any  Siamese  produce  which  may  have 
paid  any  interior  tax  or  transit  due  will  not  be  subject  to 
further  duties,  before  or  at  the  time  of  shipment  on  any 
Portuguese  vessel. 

XXVII.  The  duties  mentioned  in  Clauses  XXV  and 
XXVI  shall  not  be  liable  to  augmentation  in  the  future. 

XXVIII.  Subject  to  the  obligation  of  paying  the  said 
duties,  liberty  is  conceded  to  Portuguese  subjects  to  im- 
port into  the  Kingdom  of  Siam,  whether  from  Portuguese 

ports  or  from  those  of  foreign  nations,  and  to  export  to 
2 


104 


any  destination,  any  kind  of  merchandize  which,  at  the 
date  of  the  signing  of  this  present  Treaty,  is  not  the  sub- 
ject of  express  prohibition  or  special  monopoly. 

XXIX.  In  case  that  on  account  of  a dearth  in  the 
country  the  Siamese  Government  may  have  to  prohibit 
the  exportation  of  salt,  rice,  or  fish,  this  prohibition  must 
be  published  one  month  before  the  date  at  which  it  comes 
into  operation,  and  may  not  be  retrospective.  Portuguese 
merchants  will  be  required  to  communicate  to  the  Siamese 
authorities  the  purchases  which  they  may  have  concluded 
before  the  prohibition. 

XXX.  Specie,  provisions,  and  objects  of  personal  use 
will  be  subject  to  no  duties,  whether  import  or  export. 

XXXI.  If,  in  the  future,  the  Siamese  Government 
should  make  any  reduction  in  the  duties  payable  on  mer- 
chandize imported  or  exported  on  Siamese  ships,  it  is 
agreed  that  that  reduction  will  be  made  equally  in  the 
duties  to  which  articles  of  the  same  class  imported  or  ex- 
ported in  Portuguese  ships  are  subject.  In  return,  any 
reduction  of  duties  which  the  Portuguese  Government 
may  make  in  the  future  in  favour  of  Portuguese  merchant- 
ships  will  be  applied  also  to  Siamese  merchant-ships. 

XXXII.  Portuguese  ships  of  war  will  render  every 
assistance,  as  far  as  may  be  in  accordance  with  interna- 
tional law,  to  any  Siamese  ship  which  she  may  fall  in 
with  in  need  of  assistance  on  the  high  seas ; and  Siamese 
merchant-ships  as  well  as  Siamese  subjects  will  have  the 
right,  in  ports  where  there  may  be  Portuguese  Consuls, 

to  claim  such  protection  of  the  said  Consuls  as  may  be 
2 


105 


compatible  with  the  laws  of  the  country  in  which  the 
Consuls  reside. 

XXXIII.  If  any  Portuguese  ship  is  robbed  by  pirates 
on  the  coast  or  in  the  vicinity  of  the  Kingdom  of  Siam, 
the  Siamese  authorities,  as  soon  as  they  have  notice  of 
the  robbery,  shall  employ  all  means  in  their  power  to 
capture  the  pirates  and  for  the  recovery  of  the  property 
stolen,  which  must  be  handed  over  to  the  Consul  or  re- 
stored to  its  owners.  In  any  cases  of  pillage  or  robbery 
committed  on  land  by  the  Siamese  subjects  on  the  prop- 
erty of  Portuguese  subjects,  the  local  authorities  will 
take  the  same  measures  as  in  cases  of  piracy.  The  Siam- 
ese Government  will  not  be  held  responsible  for  any  arti- 
cles stolen  from  Portuguese  subjects,  providing  that  it 
employs  all  the  means  in  its  power  to  recover  them.  The 
same  conditions  shall  apply  to  Siamese  subjects  and  their 
property,  which  may  be  under  the  control  of  the  Por- 
tuguese Government. 

XXXIV.  Portuguese  subjects  shall  have  the  right 
of  becoming  possessed  of  and  opening  mines  in  any  part 
of  the  Kingdom  of  Siam.  The  interested  parties  must 
address  their  proposals  to  the  Consul,  who,  in  concert 
with  the  Siamese  authorities,  will  arrange  the  conditions 
under  which  the  working  of  the  mine  will  be  carried  on : 
conditions  which  must  always  be  compatible  with  the 
end  which  the  applicants  have  in  view.  In  the  same  way, 
no  hindrance  will  be  placed  in  the  way  of  the  establish- 
ment, by  Portuguese  subjects  of  any  manufactories  in 
Siam,  under  conditions  to  be  agreed  upon  by  the  Por- 
tuguese Consul  and  the  Siamese  authorities,  provided 
2 


106 


that  the  articles  manufactured  are  not  articles  the  manu- 
facture of  which  is  prohibited  by  the  laws  of  the  country. 

XXXV.  The  Portuguese  Consul  shall  take  care  that 
the  Portuguese  traders  and  captains  of  ships  comply 
with  the  provisions  of  the  Regulation  annexed  to  this 
present  Treaty,  giving  the  Siamese  authorities  the  as- 
sistance they  may  require.  The  fines  which  may  be  in- 
flicted for  breaches  of  the  said  Regulation  will  be  handed 
over  to  the  Siamese  Government. 

XXXVI.  The  Portuguese  Government  and  subjects 
will  enjoy  all  the  privileges  not  mentioned  in  the  present 
Treaty,  which  are  actually  enjoyed  or  wdiich,  in  the  fu- 
ture, may  be  enjoyed  by  the  Government  and  subjects 
of  the  most  favoured  nation. 

XXXVII.  The  ratifications  of  the  present  Treaty  of 
Friendship,  Commerce,  and  Navigation  will  be  exchanged 
within  eighteen  months  from  the  date  of  signature 
thereof,  the  said  Treaty  being  in  force  in  the  interim 
until  the  ratification  is  concluded. 

XXXVIII.  At  the  end  of  the  term  of  ten  vears,  from 
the  date  of  the  ratification,  if  either  of  the  two  High  Con- 
tracting Parties  should  desire  that  a revision  should  take 
place  in  the  present  Treaty  and  in  the  Regulation  and 
Tariff  annexed  hereto,  or  any  others  which  may,  in  the 
future,  come  into  force,  a formal  notice  to  this  effect 
being  given  a year  before  the  end  of  the  said  term,  Com- 
missioners will  be  appointed  by  both  Parties  for  the 
purpose  of  making  the  modifications  which  may  be  judged 


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desirable  and  advantageous  for  tlie  development  of  the 
commercial  relations  of  the  two  countries. 

XXXIX.  The  two  translations  of  the  present  Treaty 
in  the  Portuguese  and  Siamese  languages,  both  of  the 
same  tenour  and  purport,  and  of  which  three  exact  copies 
have  been  made,  will  have  equal  weight  for  every  pur- 
pose, as  well  as  the  Regulations  and  Tariff  annexed 
hereto,  and  likewise  written  in  the  Portuguese  and  Siam- 
ese languages. 

In  witness  whereof  the  said  Plenipotentiaries  have 
signed  and  sealed  the  present  Treaty,  this  10th  day  of 
February,  in  the  year  1859  of  the  Christian  era  (which 
corresponds  to  the  18th  day  of  the  3rd  moon  of  the  year 
Pimania-samarethissop,  of  the  Siamese  era  of  1220),  in 
the  city  of  Bangkok,  capital  of  the  Kingdom  of  Siam. 

( l.  s. ) Isidoro  Francisco  Guimaraes. 
(Seals  and  signatures  of  the  six  Siamese  Pleni- 
potentiaries) 

Here  follow 

Regulations  for  Portuguese  Ships  which  come  to 

Siam 

and 

Tariff  of  the  Inland  and  Export  Duties  to  which 
Articles  of  Commerce  are  subject, 

substantially  the  same  as  those  attached  to  the  Treaty 
with  Great  Britain,  April  18,  1855. 


2 


108 


Netherlands, 

1860. 

Treaty  of  Friendship,  Commerce,  and  Navigation, 

BETWEEN  THE  NETHERLANDS  AND  SIAM. — SIGNED  AT 

Bangkok,  December  17,  I860.* 

(Ratifications  exchanged  at  Bangkok,  March  24,  1862.) 
Same  as  German  Treaty  of  1862. 

^Signed  also  in  the  Dutch  language. 


2 


109 


Germany, 

1862. 

Treaty  of  Amity,  Commerce,  and  Navigation,  be- 
tween the  States  of  the  German  Customs  and  Com- 
mercial Union  and  the  Grand  Duchies  of  Mecklen- 
burg- Schwerin  and  Mecklenburg-Strelitz,  on  the  one 
part;  and  Siam,  on  the  other  part. — Signed  at  Bang- 
kok, February  7,  1862.* 

His  Majesty  the  King  of  Prussia,  in  his  own  name,  and 
as  representing  the  Sovereign  States  and  territories 
united  to  the  Prussian  system  of  Customs  and  imports, 
that  is  to  say:  Luxemburg,  Anlialt-Dessau-Coethen,  An- 
halt-Bernberg,  Waldeck  and  Pyrmont,  Lippe,  and  Meisen- 
heirn : as  well  as  on  behalf  of  the  other  States  belonging 
to  the  German  Zollverein,  namely : Bavaria,  Saxony, 
Hanover,  Wurtemberg,  Baden,  Electoral  Hesse,  Grand 
Ducal  Hesse  (the  bailiwick  of  Homburg  included),  the 
States  forming  the  Thuringian  Customs  and  Commercial 
Union,  to  wit,  Saxe-Weimer-Eisenach,  Saxe-Meiningen, 
Saxe-Altenburg,  Saxe-Coburg-Gotha,  Schwarzburg-Rudol- 
stadt,  Schwarzburg-Sondershausen,  the  elder  branch  of 
Iteuss,  and  the  younger  branch  of  Reuss,  Brunswick,  Old- 
enburg, Nassau,  and  the  Free  Town  of  Frankfort;  as  like- 
wise in  the  name  of  the  Grand  Duchies  of  Mecklenburg- 
Schwerin  and  Mecklenburg-Strelitz,  on  the  one  part;  and 
their  Majesties  Phra  Bard  Somdetch  Plira  Paramendr 
Malta  Mongkut,  Phra  Choni  Klau,  Chau  Yu  Hua,  the  first 
King  of  Siam,  and  Phra  Bard  Somdetch  Phra  Pawarendr 
Ramesr,  Mahiswaresr  Phra  Pin  Klau  Chau  Yu  Hua,  the 

*Signed  also  in  the  German  and  Siamese  languages. 


2 


110 


Second  King  of  Siam,  on  the  other  part;  being  sincerely 
desirous  to  establish  friendly  relations  between  the  afore- 
named States  and  Siam,  having  resolved  to  secure  the 
same  by  a Treaty  of  Peace  and  Commerce  mutually  ad- 
vantageous, and  profitable  to  the  subjects  of  the  High 
Contracting  Powers,  and  for  this  purpose  have  named  as 
their  Plenipotentiaries : 

Ilis  Majesty  the  King  of  Prussia,  the  Chamberlain 
Frederick  Albert,  Count  of  Eulenburg,  his  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary,  Knight  of  the 
Order  of  the  Red  Eagle  and  of  the  Order  of  St.  John;  and 

Their  Majesties  the  First  and  Second  King  of  Siam, 
His  Royal  Highness  Prince  Kroinma  Luang  Wongsa 
Teerat  Senneet;  his  Lordship  Chowpraya  Suriwongs 
Samuha  Prakralahome,  Commander-in-chief  of  the  Forces, 
and  Governor-General  of  the  South-western  Provinces; 
his  Lordship  Chowpraya  Rawiwong  Maha  Kosatibodee, 
Minister  of  Foreign  Affairs  and  Governor-General  of  the 
Eastern  Coast  of  the  Gulf  of  Siam;  his  Lordship  Chow 
Pya  Yomarat,  Governor  of  the  City  of  Bangkok  and  its 
vicinities;  his  Excellency  Praya  Montree  Prakralahome 
Fighnear,  Governor-General  of  the  Northern  Provinces; 

Who,  after  having  communicated  to  each  other  their 
respective  full  powers,  and  found  them  to  be  in  good  and 
due  form,  have  agreed  upon  the  following  Articles : 

Art.  I.  Between  the  Contracting  German  States  and 
their  Majesties  the  First  and  the  Second  King  of  Siam, 
their  heirs  and  successors,  as  well  as  between  their  re- 
spective subjects,  there  shall  be  constant  peace  and  per- 
petual amity. 


2 


Ill 


The  subjects  of  each  of  the  High  Contracting  Parties 
shall  enjoy  in  the  dominions  of  the  other  full  security  of 
person  and  property. 

There  shall  be  full  and  entire  freedom  of  commerce 
and  navigation  for  the  subjects  and  vessels  of  the  High 
Contracting  Powers,  in  every  portion  of  their  respective 
territories,  where  trade  and  navigation  are  actually  al- 
lowed, or  may  hereafter  be  allowed  to  the  subjects  or 
vessels  of  the  most  favoured  nation. 

II.  The  High  Contracting  Powers  recognize  recipro- 
cally their  right  to  appoint  Consuls-General,  Consuls, 
Vice-Consuls,  and  Consular  Agents  in  the  ports  and  towns 
of  their  respective  States,  and  these  officers  are  to  enjoy 
the  same  privileges,  immunities,  powers,  and  exemptions, 
as  are  or  may  be  accorded  to  those  of  the  most  favoured 
nation.  The  said  Consular  officers  shall,  however,  not 
begin  to  exercise  their  functions  until  they  shall  have  re- 
ceived the  exequatur  of  the  local  Government.  The  Con- 
tracting German  States  will  appoint  one  Consular  of- 
ficer only  for  each  port  or  town;  but  for  those  places 
where  they  appoint  a Consul-General  or  a Consul,  they 
shall  have  the  right  of  nominating  a Vice-Consul  or  Con- 
sular Agent  besides,  to  act  for  the  Consul-General  or  Con- 
sul, in  case  of  his  being  absent  or  unable  to  attend.  Vice- 
Consuls  or  Consular  Agents  may  also  be  appointed  by 
the  Consuls-General  or  Consuls,  their  chiefs. 

The  German  Consular  officer  shall  have  under  his  pro- 
tection, superintendence,  and  control,  the  interests  of  all 
subjects  of  the  Contracting  German  States,  who  reside 
or  who  arrive  in  Siam.  He  shall  conform  to  all  the  pro- 
visions of  this  Treaty  himself,  and  enforce  the  observance 

'i 


112 


of  tlie  same  by  German  subjects.  He  shall  also  promul- 
gate and  carry  out  all  rules  and  regulations  which  are 
now  or  may  hereafter  be  enacted  for  the  observance  of 
German  citizens  with  regard  to  the  conducting  of  their 
business  and  their  due  obedience  to  the  laws  of  Siam. 

Should  the  German  Consular  officer  be  absent,  sub- 
jects of  the  Contracting  German  States  visiting  Siam  or 
residing  in  it,  may  have  recourse  to  the  intervention  of 
a Consul  of  a friendly  nation,  or  they  may  address  them- 
selves directly  to  the  local  authorities,  who  then  shall 
take  means  to  secure  to  the  said  German  subjects  all  the 
benefits  of  the  present  Treaty. 

III.  Subjects  of  the  Contracting  German  States  visit- 
ing Siam,  or  taking  up  their  residence  there,  shall  be  al- 
lowed free  exercise  of  their  religion,  and  they  shall  be  at 
liberty  to  build  churches  in  such  convenient  localities 
as  shall  be  consented  to  by  the  Siamese  authorities;  and 
such  consent  shall  not  be  withheld  without  sufficient 
reason  being  assigned. 

IV.  Subjects  of  the  Contracting  German  States  wish- 
ing to  reside  in  the  Kingdom  of  Siam  must  be  registered  at 
the  German  Consulate,  and  a copy  of  this  registration 
must  be  furnished  to  the  Siamese  authorities.  Whenever 
a subject  of  one  of  the  Contracting  German  States  has 
to  recur  to  the  Siamese  authorities,  his  petition  or  claim 
must  be  first  submitted  to  the  German  Consular  officer, 
who  shall  forward  the  same,  if  it  appear  to  him  reason- 
able and  conceived  in  proper  terms,  or  else  shall  modify 
its  contents. 


2 


113 


V.  Subjects  of  the  Contracting  German  States,  who 
may  wish  to  take  up  their  residence  in  Siam,  shall,  for 
the  present,  do  so  only  in  the  city  of  Bangkok,  or  within 
a district,  the  boundaries  of  which,  in  accordance  with 
the  provisions  of  the  other  Treaties  concluded  between 
Siam  and  foreign  Powers,  are  as  follows: 

On  the  north,  the  Bangputsa  canal  from  its  junction 
with  the  Chowpya  river  up  to  the  old  walls  of  the  town 
of  Lobpury,  and  a straight  line  from  thence  to  the  Prag- 
nam  landing-place  near  the  town  of  Saraburi  on  the  River 
Pasak. 

On  the  east,  a straight  line  drawn  from  the  Pragnam 
landing-place  to  the  junction  of  the  Klongkut  canal  with 
the  Bangpakong  river;  and  this  river  from  thence  to  its 
mouth.  On  the  coast  between  the  Bangpakong  and  the 
island  of  Simaharajah  German  subjects  may  settle  at  any 
places  within  a distance  of  24  hours  from  Bangkok. 

On  the  south,  the  island  of  Simaharajah;  the  Seechang 
islands  and  the  city  walls  of  Petchaburi. 

On  the  western  coast  of  the  Gulf,  German  citizens 
may  settle  at  Petchaburi,  and  anywhere  between  that  city 
and  the  river  Meklong  within  a journey  of  24  hours  from 
Bangkok.  From  the  mouth  of  the  Meklong  that  river 
shall  form  the  boundary  up  to  the  town  of  Rajpuri;  from 
thence  a straight  line  drawn  to  the  town  of  Supannaburi, 
and  thence  to  the  mouth  of  the  Bangputsa  canal  into  the 
Chowpya  river. 

Nevertheless,  German  subjects  may  reside  beyond 
these  boundaries  on  obtaining  permission  to  do  so  from 
the  Siamese  authorities. 

All  subjects  of  the  Contracting  German  States  are  at 

liberty  to  travel  and  trade  throughout  the  entire  King- 
2 


114 


doni  of  Siam,  and  to  buy  and  sell  all  merchandise  not 
prohibited,  from  and  to  whomsoever  they  please.  They 
are  not  bound  to  purchase  from,  or  to  sell  to,  officials  or 
monopolists;  nor  is  anybody  permitted  to  interfere  with 
them  or  hinder  them  in  their  business. 

VI.  The  Siamese  Government  will  place  no  restric- 
tions upon  the  employment  of  Siamese  subjects  in  any 
capacity  whatever  by  German  subjects.  But  when  a 
Siamese  subject  belongs  or  owes  service  to  some  particular 
master,  he  may  not  engage  himself  to  a German  subject 
without  the  consent  of  the  same.  Should  he  however 
do  so,  the  contract  for  services  is  to  be  looked  upon  as 
concluded  for  3 months  only,  unless  a still  shorter  period 
should  have  been  agreed  upon,  or  the  German  subject 
be  willing  to  discharge  the  Siamese  at  once,  and  during 
this  period  the  German  subject  is  bound  to  pay  two- 
thirds  of  the  stipulated  wages,  not  to  the  Siamese  in  his 
employment,  but  to  the  person,  to  whom  he  belongs  or 
owes  services. 

If  Siamese  in  the  employment  of  a German  subject 
offend  against  the  laws  of  Siam,  or  if  any  Siamese 
offenders  or  fugitives  take  refuge  with  a German  subject 
in  Siam,  the  German  Consular  officer  shall,  upon  proof 
of  their  guilt  or  desertion,  take  the  necessary  steps  to 
ensure  their  being  delivered  up  to  the  Siamese  authorities. 

VII.  Subjects  of  the  Contracting  German  States  shall 
not  be  detained  against  their  will  in  the  Kingdom  of  Siam 
unless  the  Siamese  authorities  can  prove  to  the  German 
Consular  officer,  that  there  are  lawful  reasons  for  such 

detention. 

2 


115 


Within  the  boundaries  fixed  by  Article  V of  this 
Treaty  subjects  of  the  Contracting  German  States  shall 
be  at  liberty  to  travel  without  hindrance  or  delays  of  any 
kind  whatever,  provided  they  are  in  possession  of  a pass- 
port signed  by  their  Consular  officer,  containing  in 
Siamese  characters  their  names,  profession,  and  a descrip- 
tion of  their  person,  and  countersigned  by  the  competent 
Siamese  authority.  Should  they  wish  to  go  beyond  the 
same  limits  and  travel  in  the  interior  of  the  Kingdom  of 
Siam,  they  shall  procure  for  themselves  a passport,  which 
shall  be  delivered  to  them  at  the  request  of  the  Consular 
officer  by  the  Siamese  authorities,  and  such  passport  shall 
not  be  refused  in  any  instance,  except  with  the  concur- 
rence of  the  Consular  officer  of  the  Contracting  German 
States. 

VIII.  Within  the  limits  specified  in  Article  V sub- 
jects of  the  Contracting  German  States  may  buy  and  sell, 
take  or  let  on  lease  land  and  plantations,  and  may  build, 
buy,  rent,  sell,  or  let  houses.  The  right,  however,  of  own- 
ing land  situated : 1.  On  the  left  bank  of  the  river,  within 
the  city  of  Bangkok  proper  and  on  the  piece  of  ground 
between  the  citv-walls  and  the  Klong-padung-krung- 
krasem  canal ; and,  2.  On  the  right  bank  of  the  river,  be- 
tween the  points  opposite  the  upper  and  the  lower  mouth 
of  the  Klong-padung-krung-krasem  canal,  within  a dis- 
tance of  two  English  miles  from  the  river,  shall  only  be- 
long to  such  as  have  received  a special  permission  from 
the  Siamese  Government  or  have  spent  ten  years  in  Siam. 
In  order  to  obtain  possession  of  such  property,  German 
subjects  may  make  an  application  through  the  Consular 

officer  to  the  Siamese  Government,  which  thereupon  will 
2 


116 


appoint  a functionary,  who,  jointly  with  the  Consular 
officer  shall  equitably  adjust  and  settle  the  amount  of 
the  purchase-money,  and  make  out  and  fix  the  boundaries 
of  the  property.  The  Siamese  Government  will  then  con- 
vey the  property  to  the  German  purchaser.  All  landed 
property  of  German  subjects  shall  be  under  the  protection 
of  the  District  Governor  and  the  local  authorities,  but  the 
proprietors  shall  conform  in  ordinary  matters  to  all 
equitable  direction  preceding  (sic)  from  the  said  author- 
ities, and  shall  be  subject  to  the  same  taxation,  as  the  sub- 
jects or  citizens  of  the  most  favoured  nation. 

Subjects  of  the  Contracting  German  States  shall  be 
at  liberty  to  search  for  and  open  mines  in  any  part  of 
Siam,  and  the  matter  being  distinctly  set  forth  to  the 
Consul,  he  shall,  in  conjunction  with  the  Siamese  authori- 
ties, arrange  such  suitable  conditions  and  terms,  as  shall 
admit  of  the  mines  being  worked.  German  subjects  shall 
likewise  be  permitted  to  engage  in  and  carry  on  in  Siam 
any  description  of  manufacture  not  contrary  to  law,  upon 
like  reasonable  terms  arranged  between  the  Consul  and 
the  Siamese  authorities. 

IX.  When  a subject  of  one  of  the  Contracting  Ger- 
man States  residing  permanently  or  temporarily  in 
the  Kingdom  of  Siam  has  any  cause  of  complaint  or  any 
claim  against  a Siamese,  he  shall  first  submit  his  griev- 
ances to  the  German  Consular  officer,  who,  after  having 
examined  the  affair,  shall  endeavor  to  settle  it  amicably. 
In  the  same  manner  when  a Siamese  shall  have  a com- 
plaint to  make  against  any  German  subject,  the  Consular 
officer  shall  listen  to  his  complaint  and  try  to  make  an 

amicable  settlement;  but  if,  in  such  cases,  this  prove 
2 


117 


impossible,  the  Consular  officer  shall  apply  to  the  com- 
petent Siamese  functionary,  and  having  conjointly  ex- 
amined the  affair,  they  shall  decide  thereon  according  to 
equity. 

X.  If  a crime  or  an  offense  be  committed  in  Siam,  and 
the  offender  be  a subject  of  one  of  the  Contracting  Ger- 
man States,  he  shall  be  punished  by  the  Consular  officer 
in  conformity  to  the  respective  German  laws,  or  be  sent 
to  Germany  for  punishment.  If  the  offender  be  a 
Siamese,  he  shall  be  punished  by  the  Siamese  authorities 
according  to  the  laws  of  the  country. 

XI.  Should  any  act  of  piracy  be  committed  on  vessels 
belonging  to  one  of  the  Contracting  German  States  on 
the  coast  or  in  the  vicinity  of  the  Kingdom  of  Siam,  the 
authorities  of  the  nearest  place,  on  being  informed  of 
the  same,  shall  use  all  means  in  their  power  towards  the 
capture  of  the  pirates  and  the  recovery  of  the  stolen  prop- 
erty, which  shall  be  delivered  to  the  Consular  office,  to 
be  restored  by  him  to  the  owners.  The  same  course  shall 
be  followed  by  the  Siamese  authorities  in  all  acts  of  pil- 
lage and  robbery  directed  against  the  property  of  German 
subjects  on  shore.  The  Siamese  Government  shall  not 
be  held  responsible  for  property  stolen  from  German  sub- 
jects, as  soon  as  it  be  proved,  that  it  lias  employed  all 
means  in  its  power  for  recovery  of  the  same;  and  this 
principle  shall  equally  hold  good  with  regard  to  Siamese 
subjects  living  under  the  protection  of  one  of  the  Con- 
tracting German  States,  and  to  their  property. 

XII.  On  the  German  Consular  officer  sending  a writ- 
ten application  to  the  Siamese  authorities,  they  shall  re- 

12 


JiS 


ceive  from  them  every  aid  and  support  in  detecting  and 
arresting  German  sailors  or  other  subjects,  or  any  in- 
dividuals under  the  protection  of  a German  flag.  The 
German  Consular  officer  shall  also,  at  his  request,  receive 
from  the  Siamese  authorities  every  necessary  assistance 
and  a sufficient  force  to  give  due  effect  to  his  authority 
over  German  subjects  and  to  keep  up  discipline  among 
German  shipping  in  Siam.  In  like  manner,  whenever 
a Siamese  guilty  of  desertion  or  any  other  crime  should 
take  refuge  in  the  house  of  a subject  of  one  of  the  Con- 
tracting German  States,  or  on  board  of  a German  vessel, 
the  local  authorities  shall  address  themselves  to  the  Ger- 
man Consular  officer,  who,  on  proof  of  the  culpability  of 
the  accused,  shall  immediately  authorize  his  arrest.  All 
concealment  and  connivance  shall  be  carefully  avoided 
by  both  parties. 

XIII.  Should  a subject  of  one  of  the  Contracting  Ger- 
man States  engaged  in  business  in  the  Kingdom  of  Siam 
become  bankrupt,  the  German  Consular  officer  shall  take 
possession  of  all  his  goods,  in  order  to  distribute  them 
proportionately  among  the  creditors,  for  which  end  he 
shall  receive  every  aid  from  the  Siamese  authorities; 
he  shall  also  neglect  no  means  to  seize  on  behalf  of  the 
creditors  all  the  goods,  which  the  said  bankrupt  may  pos- 
sess in  other  countries.  In  like  manner  in  Siam  the  au- 
thorities of  the  Kingdom  shall  adjudicate  and  distribute 
the  effects  of  Siamese  subjects,  who  may  become  insol- 
vent in  their  commercial  transactions  with  subjects  of 
the  Contracting  German  States. 

XIV.  Should  a Siamese  subject  refuse  or  evade  the 

payment  of  a debt  to  a German  subject,  the  Siamese  au- 

2 


119 


thorities  shall  afford  the  creditor  every  aid  and  facility 
for  recovering  what  is  due  to  him.  In  like  manner  the 
German  Consular  officer  shall  give  every  assistance  to 
Siamese  subjects  for  recovering  debts  which  may  be  due 
to  them  from  subjects  of  the  Contracting  German  States. 

XV.  In  case  of  the  decease  of  one  of  their  respective 
subjects  in  the  dominions  of  the  one  or  the  other  of  the 
High  Contracting  Parties,  his  property  shall  be  delivered 
unto  the  executor  of  his  will,  or  if  none  have  been  ap- 
pointed, upon  the  family  of  the  deceased  or  unto  his 
partners  in  business.  If  the  defunct  possesses  neither 
a family  nor  partners  in  business,  his  property  shall,  in 
the  dominions  of  both  of  the  High  Contracting  Parties, 
be  placed,  as  far  as  the  laws  of  the  land  permit  it,  under 
the  charge  and  control  of  the  respective  Consular  officers, 
in  order  that  these  may  deal  with  it  in  the  customary 
manner  according  to  the  laws  and  usages  of  their  country. 

XVI.  Men-of-war  belonging  to  one  of  the  Contracting 
German  States  may  enter  the  river  and  anchor  at  Pak- 
nam,  but  in  case  they  intend  to  proceed  to  Bangkok,  they 
must  first  inform  the  Siamese  authorities,  and  come  to 
an  understanding  with  the  same  respecting  the  anchorage. 

XVII.  Should  a German  vessel  in  distress  enter  into 
a Siamese  port,  the  local  authorities  shall  offer  every 
facility  for  her  being  repaired  and  revictualled,  so  that 
she  may  be  able  to  continue  her  voyage.  Should  a Ger- 
man vessel  be  wrecked  on  the  coast  of  the  Kingdom  of 
Siam,  the  Siamese  authorities  of  the  nearest  place  being 
informed  thereof,  shall  immediately  afford  every  possible 

assistance  to  the  crew,  and  take  all  measures  necessary 
2 


120 


for  the  relief  and  security  of  the  vessel  and  cargo.  They 
shall  thereupon  inform  the  German  Consular  officer  of 
what  has  taken  place,  in  order  that  he  may,  in  conjunction 
with  the  competent  Siamese  authority,  take  the  proper 
steps  for  sending  the  crew  home  and  dealing  with  the 
wreck  and  cargo. 

XVIII.  By  paying  the  import  and  export  duties  men- 
tioned hereafter,  vessels  belonging  to  one  of  the  Contract- 
ing German  States,  and  their  cargoes  shall  be  free  in 
Siam  of  all  dues  of  tonnage,  pilotage,  and  anchorage  or 
other  dues  whatsoever,  as  well  on  their  arrival  as  their 
departure.  They  shall  enjoy  all  privileges  and  immunities 
which  are  or  shall  be  granted  to  junks,  Siamese  vessels, 
or  vessels  of  the  most  favoured  nation. 

XIX.  The  duties  to  be  levied  on  merchandize  imported 
into  the  Kingdom  of  Siam  by  vessels  belonging  to  any 
of  the  Contracting  German  States,  shall  not  exceed  3 per 
cent,  on  their  value.  They  shall  be  paid  in  kind  or  in 
money  at  the  choice  of  the  importer.  If  the  importer 
cannot  agree  with  the  Siamese  Custom-House  officers  as 
to  the  value  of  the  merchandize  imported,  the  matter  shall 
be  referred  to  the  Consular  officer  and  a competent  Siam- 
ese functionary,  who,  if  they  consider  it  necessary,  will 
each  invite  one  or  two  merchants  to  act  as  advisers,  and 
will  settle  the  difference  according  to  justice. 

After  payment  of  the  said  import  duty  of  3 per  cent, 

the  merchandize  may  be  sold  by  wholesale  or  retail,  free 

of  any  other  charge  whatsoever.  Should  goods  be  landed 

and  not  sold,  and  be  again  shipped  for  exportation,  the 

whole  of  the  duties  paid  on  them  shall  be  reimbursed ; and 
2 


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in  general  no  duty  shall  be  levied  on  any  cargo  not  sold. 
Nor  shall  any  further  duties,  taxes,  or  charges  be  imposed 
or  levied  on  imported  goods,  after  they  have  passed  into 
the  hands  of  Siamese  purchasers. 

XX.  The  duties  to  be  levied  on  Siamese  produce  either 
before  or  at  the  time  of  shipment,  shall  be  according  to 
the  tariff  annexed  to  the  present  Treaty.  Every  article 
of  produce  subject  to  duties  of  exportation  according  to 
this  tariff  shall  be  free  of  all  transit  and  other  dues 
throughout  the  whole  Kingdom  of  Siam;  and  it  is  like- 
wise agreed,  that  no  Siamese  produce  which  shall  have 
paid  transit  or  other  dues,  shall  be  subject  to  any  tariff 
duty  or  other  charge  whatsoever,  either  before  or  at  the 
time  of  shipment. 

XXI.  On  paying  the  duties  above  mentioned,  which 
are  not  to  be  augmented  in  future,  subjects  of  the  Con- 
tracting German  States  shall  be  at  liberty  to  import  into 
the  Kingdom  of  Siam  from  German  and  foreign  ports,  and 
likewise  to  export  for  all  destinations,  all  goods,  which 
on  the  day  of  the  signing  of  the  present  Treaty  are  not 
the  object  of  a formal  prohibition  or  a special  monopoly. 
The  Siamese  Government  reserves  to  itself,  however,  the 
right  of  prohibiting  the  exportation  of  rice,  whenever  it 
shall  find  reason  to  apprehend  a dearth  in  the  country. 
But  such  prohibition,  which  must  be  published  one  month 
before  being  enforced,  shall  not  interfere  with  the  fulfil- 
ment of  contracts  made  bona  fide  before  its  publication; 
German  merchants  shall,  however,  inform  the  Siamese 
authorities  of  any  bargains  they  have  concluded  previ- 
ously to  the  prohibition.  It  shall  also  be  permitted  that 

2 


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ships  which  have  arrived  in  Siam  at  the  time  of  the  pub- 
lication of  said  prohibition,  or  are  on  their  way  to  Siam 
from  Chinese  ports  or  from  Singapore,  if  they  have  left 
these  ports  before  the  prohibition  to  export  could  be 
known  there,  may  be  laden  with  rice  for  exportation. 
Should  the  Siamese  Government  hereafter  reduce  the 
duties  on  goods  imported  or  exported  in  Siamese  or  other 
bottoms,  vessels  belonging  to  any  of  the  Contracting  Ger- 
man States  which  import  or  export  similar  produce,  shall 
immediately  participate  in  the  benefits  accruing  from  such 
a reduction. 

XXII.  The  Consular  officers  of  the  Contracting  Ger- 
man States  shall  see  that  German  merchants  and  seamen 
conform  themselves  to  the  regulations  annexed  to  the 
present  Treaty,  and  the  Siamese  authorities  shall  aid  them 
herein.  All  fines  levied  for  infractions  of  the  present 
Treaty  shall  belong  to  the  Siamese  Government, 

XXIII.  The  Contracting  German  States  and  their 
subjects  shall  be  allowed  free  and  equal  participation  in 
all  privileges  that  may  have  been  or  may  hereafter  be 
granted  by  the  Siamese  Government  to  the  Government, 
subjects  or  citizens  of  any  other  nation. 

XXIV.  After  the  lapse  of  12  years  from  the  date  of 
ratification  of  this  Treaty,  the  Contracting  States  may 
propose  a revision  of  the  present  Treaty,  and  of  the  Regu- 
lations and  Tariff  thereunto  annexed,  in  order  to  intro- 
duce such  alterations,  additions,  and  amendments,  as 
experience  may  prove  to  be  desirable.  Notice  of  such  an 
intention  must,  however,  be  given  at  least  a year  before- 
hand. 

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XXV.  The  present  Treaty  is  executed  in  fourfold 
copies  in  the  German,  the  Siamese,  and  the  English  lan- 
guage. All  these  versions  have  one  and  the  same  mean- 
ing and  intention,  but  the  English  text  shall  be  looked 
upon  as  the  original  text  of  the  Treaty,  so  that  if  any 
different  interpretation  of  the  German  and  Siamese 
versions  should  ever  occur,  the  English  text  shall  deter- 
mine the  sense. 

The  Treaty  shall  take  effect  immediately,  and  its  rati- 
fications shall  be  exchanged  at  Bangkok  within  18  months 
of  the  present  date. 

In  witness  thereof  the  Plenipotentiaries  named  at  the 
beginning  have  signed  and  sealed  the  present  Treaty  at 
Bangkok  on  the  7th  day  of  the  month  of  February  in  the 
year  of  our  Lord  1862,  corresponding  to  the  Siamese 
date  of  the  8th  day  of  the  3rd  moon  in  the  year  of  the 
cock,  the  3rd  of  the  decade,  and  the  11th  of  the  present 
reign,  and  the  year  1823  of  the  Siamese  civil  era. 

(l.  s. ) Count  of  Eulenburg. 

(l.  s.)  Kromma  Luang  Wongsa  Teerat 
Senneet. 

(l.  s.)  Chowpraya  Suriwongs  Samuha 
Prakralahome. 

(l.  s.)  Chowpraya  Rawiwong  Maha 
Kosatibodee. 

(l.  s. ) Chow  Pya  Yomarat. 

(l.  s.)  Praya  Montree  Prakralahome 
Fighnear. 


2 


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Here  follow 
Trade  Regulations 
and 

Tariff  of  Import,  Export,  and  Inland  Duties  to  be 
levied  on  Articles  of  Trade, 

substantially  the  same  as  those  attached  to  the  Treaty 
with  Great  Britain,  April  18,  1855. 


2 


125 


France, 

1867. 

Convention  entre  la  France  et  le  Royaume  de 
Siam,  relativement  a l’Importation  des  Yins  et  Spiri- 
tueux  dans  le  Royaume  de  Siam.* — Conclue  a Paris, 
le  7 AoPt,  1867. 

(Ratifications  echangees  a Bangkok,  le  21  Novembre, 
1867. ) 

Le  Goiiyerneinent  de  Sa  Majeste  l’Empereur  des 
Frangais  et  le  Gouvernement  de  Sa  Majeste  le  Roi  de 
Siam,  desirant  consolider  et  accroitre  par  line  Convention 
speeialement  relative  au  regime  des  vins  et  spiritueux 
importes  dans  le  Royaume  de  Siam  les  avantages  que  les 
deux  Pays  ont  jusqu’a  present  recueillis  du  Traite 
d’Amitie,  de  Commerce,  et  de  Navigation,  conclu  a 
Bangkok,  le  15  Aout,  1856,  les  Plenipotentiaires  Sous- 
signes : 

M.  le  Marquis  Leonel  de  Moustier,  Ministre  et  Secre- 
taire d’Etat  au  Departement  des  Affaires  Etrangeres  de 
Sa  Majeste  l’Empereur  des  Frangais. 

Et  Pliya  Surawongs  Way  Wat,  Premier  Ambassadeur 
de  Sa  Majeste  le  Roi  de  Siam,  et  Phra  Ivaxa  Sena,  son 
second  Ambassadeur : 

Dument  autorises,  ont  arrete  dans  ce  but  les  Articles 
suivants : 

Art.  I.  Les  sujets  Frangais  jiourront,  moyennant 
l’acquittement  d'un  droit  d’entree  de  3 pour  cent  de  la 
valeur,  importer  dans  le  Royaume  de  Siam,  de  quelque 

^Promulgated  by  Decree  of  Emperor  of  the  French,  February  29, 
1868. 

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126 


pays  et  sous  quelque  pavilion  que  ce  soit,  des  vins  et 
autres  boissons  fermentees,  ainsi  que  toute  espece  de 
boissons  distillees. 

Ces  produits  pourront  etre  librement  vendus  et 
transportes  daus  l’interieur  du  pays,  et  leur  vente  ne 
sera  pas  soumise  it  d’autres  charges  que  celles  qui  se 
trouvent  indiquees  ci-apres. 

II.  Tout  individu  qui  voudra  vendre  en  detail  des 
boissons  fermentees  on  distillees  de  provenance  etrangere 
devra  se  munir  d’un  permis  special.  Ce  permis  sera 
delivre  par  l’autorite  Siamoise,  que  ne  pourra  jamais  le 
refuser. 

III.  Toutes  les  fois  qu'un  permis  sera  delivre  pour  la 
vente  en  detail  de  boissons  distillees  d’une  valeur 
inferieure  a 1 franc  65  centimes  (un  demi-tical)  le  litre, 
il  n’en  pourra  etre  fait  usage  que  pour  un  seul  etablisse- 
ment  on  un  seul  bateau,  et  que  dans  les  limites  d’un 
district  determine. 

IV.  La  delivrance  des  permis  aura  lieu  sans  frais, 
mais  une  taxe  annuelle  pourra  etre  exigee  de  tout 
detaillant  qui  vendra  des  boissons  distillees  d’une  valeur 
inferieur  a 1 franc  65  centimes  (un  demi-tical),  le  litre, 
alors  meme  qu’il  vendrait  simultanement  des  spiritueux 
de  qualite  superieure.  Cette  taxe  ne  devra,  en  aucun  cas, 
depasser  45  ticaux. 

V.  Les  infractions  aux  dispositions  qui  precedent 
serout  punies  d’une  amende  qui  ne  pourra  exceder  200 
ticaux.  Si  le  contrevenant  est  sujet  ou  protege  Fran§ais, 
la  condemnation  a l'amende  devra  etre  prononcee  par  le 

Consul  de  France. 

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127 


VI.  Les  sujets  Frangais  devant  jouir,  aux  termes  du 
Traite  du  15  Aout,  1856,  du  traitement  de  la  nation  la 
plus  favorisee.  II  est  bien  entendu  qu’ils  ne  seront  tenus 
de  se  conformer  aux  dispositions  de  la  presente  Conven- 
tion qu’autant  que  les  sujets  des  autres  nations  y seraient 
egalement  soumis  et  les  observeraient  en  toute  circon- 
stance. 

VII.  La  presente  Convention  aura  une  duree  fixe  de 
5 annees,  a dater  de  l’echange  des  ratifications,  et  elle 
demeurera  ensuite  obligatoire  d’annee  en  annee  jusqu’a 
ce  que  l'un  des  deux  Gouvernements  ait  annonce  a l’autre, 
un  an  a l’avance,  son  intention  d’en  faire  cesser  les  effets. 

Les  deux  Gouvernements  se  reservent  d'ailleurs  d’y 
introduire  d’un  commun  accord,  & l’expiration  du  terme 
assigne  a sa  duree  fixe,  les  modifications  qui  seraient 
jugees  necessaires. 

Les  ratifications  en  seront  echangees  h Bangkok  dans 
le  delai  de  5 mois,  ou  plus  tot  si  faire  se  peut. 

En  foi  de  quoi,  les  Plenipotentiaires  respectifs  out 
signe  la  presente  Convention  et  y ont  appose  leurs  cachets. 

Fait  h Paris,  le  7 Aout,  1867. 

(l.  s.)  Moustier. 

(l.  s.)  Phya  Surawongs  Way  Wat. 

(l.  s.)  Phra  Kaxa  Sena. 


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128 


Sweden  and  Norway, 

1868. 

Treaty  of  Friendship,  Commerce,  and  Navigation, 
between  Siam  and  Sweden  and  Norway. — Signed  at 
London,  May  18,  1868. 

(Ratifications  exchanged  at  London,  November  9,  1869.) 
Same  as  German  Treaty  of  1862. 


129 


Belgium, 

1868. 

Treaty  of  Friendship  and  Commerce  between 
Belgium  and  Siam. — Signed  in  London,  August  29, 
1868.* 

Same  as  German  Treaty  of  1862. 

*Signed  also  in  the  French  language. 


2 


130 


Italy, 

1868. 

Treaty  of  Friendship,  Commerce,  and  Navigation, 
between  Italy  and  Siam. — Signed  in  London,  October 
3,  1868. 

(Ratifications  exchanged  at  Bangkok,  1st  January,  1871.) 

(Translation.) 

His  Majesty  the  Iving  of  Italy  and  His  Majesty  the 
Supreme  King  of  Siam,  animated  by  the  desire  to  estab- 
lish friendly  relations  between  the  two  countries,  have 
resolved  to  conclude  a solemn  Treaty,  and  have  appointed 
their  Plenipotentiaries. 

His  Majesty  the  King  of  Italy,  Signor  Carlo  Alberto 
Maffei,  Count  di  Boglio,  officer  of  the  Order  of  St.  Maurice 
and  St.  Lazarus,  Knight  of  the  Crown  of  Italy,  Secretary 
of  Legation,  First-Class,  His  Charge  d’ Affaires  with  Her 
Majesty  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland. 

And  His  Majesty  the  Supreme  King  of  Siam,  Sir 
John  Bowring,  Doctor  of  Laws,  Member  of  the  Royal 
Society  of  Great  Britain,  Knight  Bachelor  of  England, 
Commander  of  the  Order  of  St.  Maurice  and  St.  Lazarus, 
and  of  various  other  Orders,  Phya  Siamanu  Kulkick 
Siamnitz  Mahayasa,  and  adorned  with  the  ensigns  of 
the  White  Elephant  of  Siam,  &e. ; 

Who,  after  having  exchanged  their  full  powers  and 
recognised  them  as  in  due  form,  have  stipulated  as 
follows : — 


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Art.  I.  There  shall  be  perpetual  peace  and  friendship 
between  His  Majesty  the  King  of  Italy  and  his  successors, 
and  His  Majesty  the  King  of  Siam  and  his  successors. 

Every  Italian  who  wishes  to  go  into  the  territory  of 
the  Kingdom  of  Siam,  shall  receive  protection  and  assist- 
ance from  the  Government  there,  and  shall  be  authorised 
to  reside  anywhere  in  Siam  in  absolute  and  full  safety, 
and  to  carry  on  commerce  free  from  oppression  and  from 
every  injury  on  the  part  of  the  Siamese  authorities. 

In  like  manner  every  Siamese  subject  who  may  go 
into  Italy  shall  have  full  and  absolute  protection  from 
the  Italian  Government,  equal  to  that  granted  by  the 
Siamese  Government  to  Italian  subjects. 

II.  To  maintain  the  good  relations  between  the  two 
States,  His  Majesty  the  King  of  Italy  and  His  Majesty 
the  King  of  Siam  reciprocally  agree  that  the  former  may 
accredit  a Diplomatic  Agent  to  the  Government  of  His 
Majesty  the  King  of  Siam,  and  that  the  latter  may 
accredit  a Diplomatic  Agent  to  the  Government  of  His 
Majesty  the  King  of  Italy. 

III.  His  Majesty  the  King  of  Siam  consents  that  the 
Diplomatic  Agent  of  His  Majesty  the  King  of  Italy  shall 
reside  at  Bangkok  with  his  family  and  the  persons  of  his 
household.  The  said  Representative  shall  enjoy  all  the 
privileges  and  immunities  which  belong  to  him  according 
to  the  law  of  nations:  he  shall  have  full  liberty  to  select 
his  oavii  functionaries  and  the  persons  for  his  service,  and 
neither  the  one  nor  the  other  shall  be  molested  in  any 
way,  but  shall  be  protected  in  accordance  with  diplomatic 

and  international  usages. 

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132 


IV.  No  impediment  shall  be  put  in  the  way  of  the 
Representative  of  His  Majesty  the  King  of  Italy,  or  of 
the  persons  of  his  suite.  The  said  Representative  may 
send  or  receive  his  own  correspondence  from  any  part  of 
the  Siamese  territory,  and  his  letters  and  effects  shall  be 
inviolable. 

He  shall  transact  business  with  the  Ministers  of  His 
Majesty  the  King  of  Siam,  personally  or  in  writing,  on 
terms  of  perfect  equality. 

V.  His  Majesty  the  King  of  Italy  grants  the  same 
privileges  to  the  Siamese  Diplomatic  Agents  accredited 
to  his  Court. 

VI.  His  Majesty  the  King  of  Italy  may  appoint  Con- 
suls in  the  Siamese  State,  and  they  may  reside  in  the 
cities  or  ports,  where  His  Majesty  may  think  fit  to  place 
them  for  the  interests  of  Italian  commerce. 

The  Consuls  shall  take  care  that  the  regulations  are 
exactly  observed ; they  shall  be  treated  with  due  respect 
by  the  Siamese  authorities,  and  they  shall  enjoy  all 
the  immunities  and  privileges  granted  to  the  Consuls  of 
the  most  favoured  nations. 

If  the  Italian  Government  should  not  think  it  neces- 
sary to  station  a Consul  in  any  one  of  the  open  ports,  it 
may  invest  the  Consul  of  a Friendly  Power  with  the 
functions  of  Consular  Agent. 

All  the  Consular  authorities,  before  they  assume  the 
exercise  of  their  functions,  must  obtain  the  usual  exequa- 
tur from  His  Majesty  the  King  of  Siam. 

The  conditions  which  are  granted  by  His  Siamese 

Majesty  to  the  Consular  authorities  of  His  Majesty  the 
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133 


King  of  Italy,  shall  also  be  granted  by  His  Majesty  the 
King  of  Italy  to  those  of  His  Majesty  the  King  of  Siam. 

VII.  Italians  who  profess  or  teach  the  Christian  re- 
ligion shall  have  a right  to  the  protection  of  the  Siamese 
authorities,  and  none  of  them  shall  be  molested  or  per- 
secuted, if  they  peacefully  perform  their  duties  and  do 
not  offend  against  the  laws. 

VIII.  Italian  subjects  who  intend  to  reside  in  Siam 
must  be  registered  at  the  Legation  or  the  Consulate  of 
Italy.  They  cannot  embark  nor  go  beyond  the  bounds 
fixed  by  this  Treaty  for  their  residence,  without  a pass- 
port from  the  Siamese  authorities,  to  be  obtained  through 
the  Italian  Legation  or  Consulate;  nor  can  they  leave 
Siam  if  the  Siamese  authorities  prove  to  the  above-men- 
tioned Legation  or  Consulate  that  there  are  legitimate 
obstacles  against  their  departure  from  the  territory  of 
Siam. 

But  on  the  conditions  of  this  Treaty,  Italians  may 
travel  in  every  part  of  the  interior  of  the  State,  either  for 
pleasure  or  for  commercial  purposes,  provided  they  have 
passports  issued  by  the  Italian  Legation  or  Consulate, 
and  vis6d  by  the  Siamese  authorities. 

IX.  Any  dispute  or  controversy  between  Italian  and 
Siamese  subjects,  shall  be  settled  by  the  Diplomatic 
Representative,  or  jointly  by  the  Consuls  and  the  func- 
tionaries of  Siam.  Criminal  cases  shall  be  adjudged  by 
the  Legation  or  the  Consulates  if  the  delinquent  be  an 
Italian,  and  by  the  local  authorities  if  he  be  a Siamese 

subject. 

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134 


But  neither  the  Legation  nor  the  Consulates  shall 
interfere  in  matters  affecting  Siamese  subjects  only,  nor 
shall  the  local  authorities  interfere  in  questions  relating 
purely  to  Italian  subjects. 

X.  If  Siamese  in  the  service  of  Italian  subjects  should 
offend  against  the  laws  of  their  country,  or  if  any  Siamese 
delinquent  should  take  refuge  in  the  house  of  an  Italian 
subject  residing  in  Siam,  the  said  Siamese  shall  be 
arrested,  and,  after  proof  of  their  culpability,  shall  be 
given  up  by  the  Legation  or  the  Consulates  to  the  local 
authorities.  In  like  manner,  if  an  Italian  delinquent 
should  take  refuge  in  the  territory  of  Siam,  he  shall  be 
apprehended  and  delivered  up  by  the  authorities  to  the 
Legation  or  the  Consulates  on  their  demand. 

XI.  Italian  subjects  are  allowed  to  trade  in  all  the 
ports  of  Siam,  but  their  permanent  residence  shall  be 
restricted  to  Bangkok,  and  to  those  other  places  where 
the  domicilation  of  subjects  of  the  most  favoured  nation 
may  hereafter  be  permitted  under  the  authority  of  the 
Siamese  Government. 

Italians  residing  at  Bangkok  may  rent  ground  and 
buy  or  build  houses,  but  they  cannot  acquire  lands  within 
a radius  of  200  sen  (not  more  than  4 English  miles)  from 
the  walls  of  the  city,  unless  they  have  resided  in  Siam 
for  10  years,  or  have  obtained  the  special  permission  of 
the  Siamese  Government.  But  saving  this  exception, 
Italians  residing  in  Siam  may  at  any  time  buy  and  rent 
houses,  lands,  or  plantations  wherever  situated  within 
the  distance  of  24  hours  from  the  city  of  Bangkok, 


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reckoned  at  the  rate  at  which  the  boats  of  the  country 
travel. 

To  obtain  possession  of  such  houses  or  lands,  it  will 
be  necessary  that  the  Italian  subjects  shall  apply  first  of 
all  to  the  competent  Siamese  public  officer  through  the 
Legation  or  a Consulate;  when  both  the  Legation  or  the 
Consulate,  as  well  as  the  Siamese  officer,  shall  have  ascer- 
tained the  good  faith  of  the  applicant,  they  shall  assist 
him  in  determining  the  just  price  of  the  acquisition,  they 
shall  point  out  and  settle  the  boundaries  of  the  property, 
and  shall  deliver  it  over  to  the  Italian  purchaser  by  means 
of  a public  instrument.  Then  he  and  his  estate  shall  be 
placed  under  the  protection  of  the  Governor  of  the  dis- 
trict, and  under  that  of  the  proper  local  authorities. 

He  shall  obey  in  ordinary  matters  any  just  order 
issued  by  them,  and  shall  be  liable  to  the  same  imposts 
as  Siamese  subjects.  But  if,  after  three  years  from  the 
concession,  the  cultivation  or  the  improvement  of  the 
lands  conceded  shall  not  have  been  commenced,  the 
Siamese  Government  shall  have  the  right  to  re-enter  in 
possession  thereof,  on  restoration  of  the  purchase-money. 

XII.  The  Siamese  Government  will  not  impose  any 
restrictions  on  the  employment  of  Siamese  subjects  by 
Italians,  whether  as  servants,  or  in  any  other  capacity; 
but  if  a Siamese  subject  belongs  or  owes  service  to  a 
master,  he  may  be  reclaimed  by  the  master,  and  the 
Siamese  Government  will  not  recognize  the  contract  be- 
tween an  Italian  subject  and  any  Siamese,  if  it  be  not 
entered  into  with  the  knowledge  and  consent  of  the 
master  who  has  the  right  to  dispose  of  the  services  of  the 

person  employed. 

2 


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XIII.  The  Siamese  authorities  cannot,  under  any  cir- 
cumstances, lay  an  embargo  on  Italian  ships,  nor  impose 
requisitions  on  them  for  any  public  or  private  service. 
In  case  of  robbery  or  incendiarism,  the  local  authorities 
will  take  the  proper  measures  to  recover  the  stolen  prop- 
erty, to  suppress  disorder,  and  to  arrest  the  guilty  per- 
sons, who  shall  be  punished  according  to  the  law. 

But  if  the  local  authority  shall  not  succeed  in  captur- 
ing the  delinquents,  all  that  can  be  demanded  of  the 
Siamese  Government  shall  be  the  punishment  of  the  said 
authority,  according  to  the  laws  of  Siam. 

XIV.  If  an  Italian  ship  should  be  attacked  by  robbers 
or  pirates  in  the  waters  of  Siam,  the  Siamese  authorities 
are  bound  to  use  every  effort  to  capture  and  punish  the 
said  robbers  or  pirates,  and  to  recover  the  stolen  property, 
which  shall  be  delivered  up  to  the  Legation  or  to  the  Con- 
suls, to  be  restored  to  those  who  have  a right  to  it.  But 
if  the  Siamese  authorities  fail  to  arrest  the  delinquents 
and  to  recover  the  stolen  property,  all  that  can  be  de- 
manded of  the  Siamese  Government  shall  be  the  punish- 
ment of  the  said  authorities  according  to  the  laws  of  Siam, 
but  never  the  indemnification  of  the  persons  robbed. 

XV.  If  any  Italian  ship  should  be  wrecked  or  stranded 
on  one  of  the  coasts  of  Siam,  or  should  take  refuge  in  a 
port  of  His  Majesty  the  King  of  Siam’s  States,  the 
Siamese  authorities,  as  soon  as  they  are  informed  of  the 
event,  shall  provide  for  the  assistance  and  rescue  of  the 
ship.  The  persons  on  board  shall  be  treated  in  a friendly 
manner,  and  shall  receive,  if  necessary,  the  requisite 
means  to  enable  them  to  reach  the  nearest  Consular 
office. 


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XVI.  The  High  Contracting  Parties,  recognizing  the 
principles  of  maritime  law  established  by  the  Paris  Con- 
gress of  1856,  agree  that  if  a war  should  take  place  be- 
tween them,  private  property,  of  whatever  kind,  belong- 
ing to  citizens  of  the  one,  shall  be  respected  by  the  other, 
in  the  same  manner  as  the  property  of  neutrals.  This 
shall  be  observed  on  land,  at  sea,  on  the  high  seas,  in  the 
territorial  waters,  and  everywhere  else,  and  whatever  may 
be  the  flag  under  which  the  vessels  navigate  or  the  goods 
are  carried,  without  any  limitation,  except  the  case  of 
breaking  blockade  and  the  case  of  contraband  of  war. 

The  right  is  maintained,  however,  of  preventing,  dur- 
ing the  war,  all  commerce  and  communication  between 
all  or  any  points  of  the  coast  of  their  own  territory,  and 
merchant  ships  under  hostile  flags,  and  also  to  visit  trans- 
gressors of  the  prohibition  with  confiscation  and  other 
penalties,  provided  the  prohibition  and  the  penalties  be 
made  known  by  a suitable  manifesto  published  previously. 

XVII.  If  Siam  should  be  at  war  with  another  nation, 
this  circumstance  shall  not  cause  any  impediment  to  the 
free  trade  of  Italy  with  Siam,  or  with  the  hostile  nation. 
Italian  ships  may  always,  save  in  the  case  of  effective 
blockade,  proceed  from  the  ports  of  on£  to  the  ports  of 
the  other  belligerent  nation,  transact  the  usual  business 
there,  and  import  or  export  all  kinds  of  goods  not  pro- 
hibited. 

XVIII.  If  sailors  or  other  persons  desert  from  Italian 
ships  of  war  or  merchant-vessels,  the  Siamese  authority 
shall,  at  the  request  of  the  Legation,  of  one  of  the  Con- 
sulates, of  the  commanders  or  captains,  have  the  said 
2 


138 


deserters  immediately  arrested,  and  delivered  on  board 
of  the  respective  ships. 

XIX.  Italian  ships  of  war  may  enter  the  River 
Meinam  and  anchor  at  Paknam,  bnt  they  must  not  go 
further  without  the  consent  of  the  Siamese  authorities, 
which  is  to  be  given  when  it  may  be  necessary  for  a ship 
to  go  into  the  repairing  dock.  Any  ship  of  war  bringing 
to  Siam  a public  functionary  accredited  by  the  Italian 
Government  to  the  Court  of  Siam,  shall  have  a right  to 
go  up  to  Bangkok,  but  shall  not  pass  the  forts  called 
Pong-pa-chamit  and  Pit-pachanuck,  without  the  permis- 
sion of  the  Siamese  Government.  In  default  of  an  Italian 
ship  of  war,  however,  the  Siamese  authorities  undertake 
to  provide  the  Italian  Legation  or  Consulates  with  a suf- 
ficient force  to  enable  them  to  make  their  authority  over 
Italian  subjects  respected,  and  to  maintain  discipline 
among  the  crews. 

XX.  Italian  navigation  and  traffic  shall  henceforward 
be  subject  only  to  payment  of  the  import  and  export 
duties  upon  the  goods  unloaded  or  loaded. 

On  all  articles  of  importation,  the  duties  shall  be  3 
per  cent,  payable,  at  the  choice  of  the  importer,  in  goods 
or  in  money,  calculated  on  the  mercantile  or  saleable 
value  of  the  goods  in  the  market.  The  whole  of  the  duty 
will  be  returned  on  merchandise  unsold  and  re-exported. 
If  the  Italian  merchant  and  the  Custom-House  officers 
should  not  agree  as  to  the  value  to  be  put  upon  the  arti- 
cles imported,  the  dispute  shall  be  referred  to  the  Lega- 
tion or  to  one  of  the  Italian  Consulates,  and  a competent 

Siamese  functionary.  Each  of  them  shall  have  a right  to 
2 


139 


invite  an  equal  number  of  merchants  as  assessors,  not 
more  than  two  on  each  side,  in  order  to  assist  them  to 
come  to  a just  decision. 

Opium  may  be  imported  free  of  duty,  but  can  only  be 
sold  to  the  opium  farmer  and  his  representatives;  if  no 
agreement  can  be  made  with  them  for  the  sale  of  the 
opium,  it  shall  be  re-exported,  and  no  duty  shall  be  levied 
on  that  account. 

Any  infraction  of  this  rule  will  render  the  opium  liable 
to  seizure  and  confiscation. 

The  Siamese  Government  reserves  to  itself  the  right 
of  issuing  such  ordinances  and  regulations  as  considera- 
tions of  public  health  and  safety  may  require  in  regard 
to  the  importation  and  sale  of  spirituous  liquors,  or  any 
dangerous  or  unwholesome  article.  Gun-powder,  fire- 
arms, and  ammunition  of  all  kinds,  can  only  be  imported 
on  account  of  the  Government,  and  if  they  are  brought  to 
Siam,  they  must  be  re-exported,  unless  they  are  taken  by 
the  Government. 

Articles  for  exportation,  from  the  time  of  production 
to  the  date  of  loading,  shall  pay  but  one  impost,  whether 
it  be  levied  under  the  name  of  inland  tax,  transit  duty,  or 
export  duty.  The  tax  or  duty  to  be  paid  on  each  article 
of  Siamese  produce,  before  or  at  the  time  of  the  exporta- 
tion, is  specified  in  the  tariff  annexed  to  the  present 
Treaty;  and  it  is  understood  that  the  goods  or  produce 
which  pay  any  kind  of  tax  in  the  interior  shall  be  exempt 
from  any  other  payment  of  export  duties.  Italian  mer- 
chants shall  be  at  liberty  to  obtain  the  articles  of  their 
commerce  direct  from  the  producer,  and  to  sell  their  own 
goods  direct  to  whom  they  please,  and  also  to  buy  them 


2 


140 


without  the  intervention  of  any  other  person  in  either 
case. 

If  there  should  be  articles  of  exportation  not  included 
in  the  tariff  of  duties,  upon  which  the  Siamese  Govern- 
ment may  consider  it  expedient  to  impose  a tax  or  duty, 
the  said  Government  shall  be  free  to  levy  such  tax  or  duty, 
provided  that  it  be  just  and  reasonable. 

XXI.  Whenever  a dearth  of  salt,  rice,  or  fish  may  be 
threatened,  the  Siamese  Government  reserves  the  right  of 
prohibiting  the  exportation  of  those  articles  by  public 
edict. 

XXII.  Italian  subjects  shall  have  a right  to  construct 
ships  in  Siam,  on  obtaining  permission  from  the  Siamese 
authorities. 

XXIII.  Bars  of  gold  and  of  silver,  and  articles  for  per- 
sonal use,  may  be  imported  and  exported  free  of  duty. 

XXIV.  If  the  captain  of  an  Italian  ship  wishes  to  leave 
within  24  hours  after  his  arrival,  without  opening  the 
hatchway,  he  shall  not  pay  tonnage  dues,  but  those  dues 
shall  be  payable  as  soon  as  the  said  24  hours  expire. 

XXV.  The  regulations  annexed  to  this  Treaty  shall  be 
enforced  by  the  Italian  Consuls  through  the  co-operation 
of  the  Siamese  authorities;  both  may  agree  to  introduce 
such  further  rules  as  they  may  find  necessary  to  carry 
out  the  purpose  of  this  Treaty. 

All  the  fines  and  penalties  inflicted  for  infringements 
of  the  Articles  and  the  regulations  of  this  Treaty  shall 

be  paid  to  the  Siamese  Government. 

2 


141 


XXVI.  The  Italian  Government  and  Italian  subjects 
shall  have  free  and  equal  participation  in  all  the  privi- 
leges which  have  been,  or  shall  hereafter  be,  granted  by 
the  Siamese  Government  to  the  Government  or  subjects 
of  any  other  nation. 

XXVII.  If  any  question  should  arise  between  the 
Italian  Government  and  the  Siamese  Government  that 
cannot  be  solved  by  friendly  negotiation  and  diplomatic 
correspondence,  the  said  question  shall  be  submitted  to 
the  arbitration  of  a neutral  and  friendly  Power,  to  be 
chosen  by  common  consent  of  the  High  Contracting  Par- 
ties, and  the  result  of  that  arbitration  shall  be  accepted 
and  acknowledged  by  both. 

XXVIII.  After  10  years  from  the  date  of  the  ratifica- 
tion of  the  present  Treaty,  the  provisions  contained 
therein  may  be  subjected  to  revision,  at  the  request  of 
either  Government,  and  after  12  months'  notice.  For  this 
purpose  Commissioners  shall  be  appointed  by  both  the 
parties,  and  they  shall  have  the  power  of  inserting  therein 
such  amendments  as  experience  shall  have  shown  to  be 
desirable. 

XXIX.  The  present  Treaty  is  drawn  up  in  the  Italian 
and  English  language,  and  it  is  decided  that  the  English 
text  shall  be  accepted  by  both  the  High  Contracting 
Parties,  as  the  true  interpretation  of  the  meaning  of  this 
Treaty,  as  well  as  that  of  the  regulations  and  of  the 
tariffs  annexed  thereto. 

XXX.  The  ratifications  of  this  Treaty  shall  be  ex- 
changed at  Florence,  or  at  Bangkok,  or  in  London,  within 

the  period  of  a year  from  its  date. 

2 


142 


In  faith  whereof  the  respective  Plenipotentiaries  have 
signed  the  present  Treaty,  and  have  affixed  to  it  the  seal 
of  their  arms. 

Done  in  London,  the  3rd  day  of  October,  1868. 

(l.  s.)  A.  Maffei, 

(l.  s.)  John  Bowring. 

Here  follow 

Regulations  for  conducting  Italian  Commerce  in 

Siam 

and 

Tariff  of  the  Inland  and  Export  Duties  to  which 
Articles  of  Commerce  are  subject, 

substantially  the  same  as  those  attached  to  the  Treaty 
with  Great  Britain,  April  18,  1855. 


2 


143 


Austria  Hungary, 

1869. 

Treaty  of  Commerce  between  Austria  Hungary  and 
Siam. — Signed  at  Bangkok,  May  17,  1869. 

(Ratifications  exchanged  at  Bangkok,  April  30,  1872.) 
Same  as  German  Treaty  of  1862. 


Spain, 

1870. 

Treaty"  of  Friendship,  Commerce,  and  Navigation, 
between  Spain  and  Siam. — Signed  at  Bangkok,  Feb- 
ruary 23,  1870. 

(Ratifications  exchanged  at  Bangkok,  23rd  March,  1872.) 
(Translation.) 

Same  as  German  Treaty  of  1862  except  for  inversions 
of  sequence  of  articles. 


2 


144 


Great  Britain, 

1883. 

Agreement  between  Great  Britain  and  Siam,  for 
Regulating  the  Traffic  in  Spirituous  Liquors, — 
Signed  at  London,  April  6,  1883. 

The  Government  of  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  the 
Government  of  His  Majesty  the  King  of  Siam,  being 
desirous  of  making  satisfactory  arrangements  for  the 
regulation  of  the  traffic  in  spirituous  liquors  in  Siam,  the 
Undersigned,  duly  authorized  to  that  effect,  have  agreed 
as  follows : — 

Art.  I.  Spirits  of  all  kinds  not  exceeding  in  alcoholic 
strength  those  permitted  to  be  manufactured  by  the 
Siamese  Government  in  Siam  may  be  imported  and  sold 
by  British  subjects  on  payment  of  the  same  duty  as  that 
levied  by  the  Siamese  excise  laws  upon  spirits  manu- 
factured in  Siam;  and  spirits  exceeding  in  alcoholic 
strength  spirits  manufactured  in  Siam  as  aforesaid  may 
be  imported  and  sold  upon  payment  of  such  duty  and  of 
a proportionate  additional  duty  for  the  excess  of  alcoholic 
strength  above  the  Siamese  Government  standard. 

Beer  and  wines  may  be  imported  and  sold  by  British 
subjects  on  payment  of  the  same  duty  as  that  levied  by 
the  Siamese  excise  laws  upon  similar  articles  manufac- 
tured in  Siam,  but  the  duty  on  imported  beer  and  wines 
shall  in  no  case  exceed  10  per  cent,  ad  valorem. 

The  said  duty  on  imported  spirits,  beer  and  wines 

shall  be  in  substitution  of,  and  not  in  addition  to,  the 

import  duty  of  3 per  cent,  leviable  under  the  existing 
2 


145 


Treaties;  and  no  further  duty,  tax,  or  imposition  what- 
ever shall  be  imposed  on  imported  spirits,  beer,  and  wines. 

The  scale  of  excise  duty  to  be  levied  upon  spirits,  beer, 
and  wines  manufactured  in  Siam  shall  be  communicated 
by  the  Siamese  Government  to  Her  Majesty’s  Agent  and 
Consul-General  at  Bangkok,  and  no  change  in  the  excise 
duties  shall  affect  British  subjects  until  after  the  expira- 
tion of  six  months  from  the  date  at  which  such  notice 
shall  have  been  communicated  by  the  Siamese  Govern- 
ment to  Her  Majesty’s  Representative  at  Bangkok. 

II.  The  testing  of  spirits  imported  into  the  Kingdom 
of  Siam  by  British  subjects  shall  be  carried  out  by  Euro- 
pean officials  nominated  by  the  Siamese  authorities,  and 
by  an  equal  number  of  experts  nominated  by  Her  Maj- 
esty’s Consul.  In  case  of  difference  the  parties  shall  nomi- 
nate a third  person,  who  shall  act  as  umpire. 

III.  The  Siamese  Government  may  stop  the  importa- 
tion by  British  subjects  into  Siam  of  any  spirits  which, 
on  examination,  shall  be  proved  to  be  deleterious  to  the 
public  health ; and  they  may  give  notice  to  the  importers, 
consignees,  or  holders  thereof  to  export  the  same  within 
three  months  from  the  date  of  such  notice,  and  if  this  is 
not  done  the  Siamese  Government  may  seize  the  said 
spirits  and  may  destroy  them,  provided  always  that  in 
all  such  cases  the  Siamese  Government  shall  be  bound 
to  refund  any  duty  which  may  have  been  already  paid 
thereon. 

The  testing  of  spirits  imported  by  British  subjects,  and 
which  may  be  alleged  to  be  deleterious,  shall  be  carried 

out  in  the  manner  provided  by  Article  II. 

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146 


The  Siamese  Government  engage  to  take  all  necessary 
measures  to  prohibit  and  prevent  the  sale  of  spirits  manu- 
factured in  Siam  which  may  be  deleterious  to  the  public 
health. 

IV.  Any  British  subject  who  desires  to  retail  spiritu- 
ous liquors,  beer,  or  wines  in  Siam  must  take  out  a special 
license  for  that  purpose  from  the  Siamese  Government, 
which  shall  not  be  refused  without  just  and  reasonable 
cause. 

The  license  may  be  granted  upon  conditions  to  be 
agreed  upon  from  time  to  time  between  the  two  Govern- 
ments. 

V.  British  subjects  shall  at  all  times  enjoy  the  same 
rights  and  privileges  in  regard  to  the  importation  and 
sale  of  spirits,  beer,  wines,  and  spirituous  liquors  in  Siam 
as  the  subjects  of  the  most  favoured  nation;  and  spirits, 
beer,  wines,  and  spirituous  liquors  coming  from  any  part 
of  Her  Britannic  Majesty’s  dominions  shall  enjoy  the 
same  privileges  in  all  respects  as  similar  articles  coming 
from  any  other  country  the  most  favoured  in  this  respect. 

It  is  therefore  clearly  understood  that  British  subjects 
are  not  bound  to  conform  to  the  provisions  of  the  present 
Agreement  to  any  greater  extent  than  the  subjects  of  other 
nations  are  so  bound. 

VI.  Subject  to  the  provisions  of  Article  V,  the  present 
Agreement  shall  come  into  operation  on  a date  to  be 
fixed  by  mutual  consent  between  the  two  Governments, 
and  shall  remain  in  force  until  the  expiration  of  six 
months’  notice  given  by  either  party  to  determine  the 

same. 

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147 


The  existing  Treaty  engagements  between  Great 
Britain  and  Siam  shall  continue  in  full  force  until  the 
present  Agreement  comes  into  operation ; and  after  that 
date,  except  in  so  far  as  they  are  modified  hereby. 

Should  the  present  Agreement  be  terminated  the 
Treaty  engagements  between  Great  Britain  and  Siam 
shall  revive,  and  remain  as  they  existed  previously  to  the 
signature  hereof. 

VII.  In  this  Agreement  the  words  “British  subject” 
shall  include  any  naturalized  or  protected  subject  of  Her 
Britannic  Majesty ; and  the  words  “Her  Majesty’s  Consul” 
shall  include  any  Consular  officer  of  Her  Britannic 
Majesty  in  Siam. 

In  witness  whereof  the  Undersigned  have  signed  the 
same  in  duplicate,  and  have  affixed  thereto  their  seals. 

Done  at  London,  the  sixth  day  of  April,  1883,  corre- 
sponding to  the  fourteenth  day  of  the  waning  moon  of  the 
month  Phagunamas,  of  the  year  Horse,  Fourth  Decade, 
1244,  of  the  Siamese  Astronomical  Era. 

(l.  s. ) Granville, 
(l.  s.)  Prisdang. 


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148 


France, 

1883. 

Arrangement  entre  la  France  et  le  Koyaume  de 
Siam,  relativement  a l' Importation  et  A la  Yente 
DES  BOISSONS  EN  SlAM. — SlGNE  A PARIS,  LE  23  MAI,  1883. 

(Ratifications  echangees  it  Paris,  le  12  Aofit,  1885.) 

Art.  I.  Les  ressortissants  Francais  pourront  importer 
dans  le  Royaume  de  Siam,  de  quelque  pays  et  sous  quelque 
pavilion  que  ce  soit,  des  boissons  ferment£es,  ainsi  que 
toute  espeee  de  boissons  distillees  dont  le  titre  alcoolique 
ne  sera  pas  superieur  it  50  degres,  mesures  ii  l’alcoometre 
de  Gay-Lussac,  moyennant  l’acquittement  d'un  droit 
d’entree  qui  ne  pourra  etre  plus  eleve  que  les  droits 
interieurs  qui  grevent  les  boissons  fermentees  ou  distillees 
d’origine  Siamoise. 

Ils  pourront  egalement  importer  les  spiritueux  d’un 
titre  superieur  it  50  degres;  mais  ces  boissons,  tant  qu’il 
ne  sera  pas  fabrique  h Siam  de  spiritueux  du  meme  titre, 
pourront  etre  soumises  it  un  droit  additionnel  etabli 
proportionnellement  d’apres  la  base  adoptee  pour  les 
spiritueux  d’un  titre  inferieur. 

En  ce  qui  concerne  les  vins,  le  droit  d'entree  ne  pourra, 
dans  tous  les  eas,  exceder  8 pour  cent  de  la  valeur. 

II.  Le  Tarif  des  droits  d’accise  etablis  sur  les  spiri- 
tueux fabriques  a Siam  devra  etre  communique  par  le 
Gouvernement  Siamois  au  Consul  et  Commissaire  de 
France  ii  Bangkok,  et  dans  le  cas  ou  ces  droits  viendraient 
a etre  rehausses  les  nouveaux  droits  ne  seraient  applic- 
ables  aux  spiritueux  importes  par  des  ressortissants 
Francais  qu’it  l’expiration  d’un  delai  de  six  mois,  dater 
du  jour  oil  ils  auraient  ete  notifies  par  le  Gouvernement 

Siamois  ou  Consul  de  France  it  Bangkok. 

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III.  L’essai  des  boissons  importees  dans  le  Royaume 
de  Siam  sera  fait  par  deux  experts,  designes  l’un  par 
l’autorite  Siamoise,  l’autre  par  le  negociant  importateur, 
et  & son  defaut  par  le  Consul  de  France.  En  cas  de 
disaccord  les  experts  designeront  un  tiers  arbitre. 

IV.  Tout  individu  qui  voiulra,  vendre  en  detail  des 
boissons  fermentees  ou  distillees  devra  se  inunir  d'un 
permis  special  (license).  Ce  permis  ne  pourra  etre 
delivre  que  par  l’autorite  Siamoise,  que  ne  pourra  ie 
refuser  sans  un  motif  juste  et  raisonnable. 

Les  detaillants  Siamois  ou  etrangers  qui  vendront  des 
boissons  d’origine  etrangere  importees  par  des  ressortis- 
sants  Frangais  ne  pourront  etre  sounds  a des  taxes  autres 
ou  plus  elevees  que  ceux  qui  vendront  des  boissons  de 
fabrication  Siamoise. 

Les  autres  conditions  auxquelles  pourra  etre  subor- 
donnees  la  delivrance  du  permis  ou  licence  seront  fixees 
ult^rieurement  d'un  commun  accord  entre  les  deux 
Gouvernements. 

II  est  d'ailleurs  bien  entendu  que  les  porteurs  de 
permis  ou  licences  devront  pour  la  vente  des  boissons  se 
conformer  aux  lois  et  reglements  du  Royaume  de  Siam. 

Le  Gouvernement  Siamois  s'engage  de  son  cote  a 
n'entraver  en  aueune  maniere  la  vente  en  derail  des 
boissons  fermentees  ou  distillees  d’origine  etrangere  qui 
ne  seraient  pas  reconnues  contraires  ti  la  sante  publique. 

V.  L'analyse  des  boissons  pretendues  nuisibles  sera 
faite  dans  les  conditions  indiquees  par  l’Article  III. 

Lorsque  les  boissons  soumises  ii  line  analyse  dans  le 

dites  conditions  auront  ete  declarees  nuisibles  d la  sante 

publique,  le  Gouvernement  Siamois  en  donnera  avis 
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aux  importateurs,  consignataires,  ou  detenteurs  de  ces 
produits,  qui  devront  les  reexporter  dans  un  delai  de 
trois  mois  apres  cette  notification. 

Dans  le  cas  oil  la  reexportation  de  ces  boissons  ne 
serait  pas  effect  ue  dans  le  delai  present,  le  Gouvernement 
Siamois  pourra  les  faire  saisir  et  detruire,  sous  reserve 
de  remboursement  des  droits  qui  auraient  ete  acquittes 
a l’entree  de  ces  produits  dans  le  Royaume  de  Siam. 

VI.  Les  ressortissants  Frangais  devant  jouir  aux 
termes  du  Traite  du  15  Aout,  1856,  du  traitement  de  la 
nation  la  plus  favorisee,  il  est  bien  entendu  qu’ils  ne 
seront  tenus  de  se  conformer  aux  dispositions  du  present 
Arrangement  qu’autant  que  les  sujets  des  autres  nations 
y seraient  egalement  soumis  et  les  observeraient  en  toute 
circonstance. 

VII.  Le  present  Arrangement  entrera  en  vigueur  h 
une  date  qui  sera  ulterieurement  fixee  d’un  commun 
accord  entre  les  deux  Gouvernements,  et  il  restera  obliga- 
toire  jusqu’ii  l’expiration  d’un  delai  de  six  mois  partir 
du  jour  ou  il  aura  ete  denonce. 

Si  le  present  Arrangement  vient  il  prendre  fin,  les 
engagements  resultant  des  Traites  existant  entre  la 
France  et  Siam  rentreront  en  vigueur  et  subsisteront  tels 
qu’ils  etaient  avant  la  signature  du  dit  Arrangement  en 
ce  qui  concerne  l'importation  et  la  vente  des  boissons  it 
Siam. 

VIII.  Le  present  Arrangement  sera  ratifie,  et  les 
ratifications  en  seront  ecliangees  Paris  aussitot  que 
possible. 

Fait  en  double  original  it  Paris,  le  23  Mai,  1883. 

(l.  s.)  P.  Ch.  Lacour. 

(l.  s.)  Prisdang. 


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. Great  Britain, 

1883. 

Treaty  between  Great  Britain  and  Siam,  for  the 
Prevention  of  Crime  in  the  Territories  of  Chiengmai, 
Lakon,  and  Lampoonohi,  and  for  the  Promotion  of 
Commerce  between  British  Burmah  and  the  Terri- 
tories aforesaid— Signed  at  Bangkok,  September  3, 
1883. 

(Ratifications  exchanged  May  7,  1881.) 

Whereas  the  relations  of  peace,  commerce,  and  friend- 
ship happily  subsisting  between  Great  Britain  and  Siam 
are  regulated  by  a Treaty  bearing  date  the  18th  April, 
1855,  and  a Supplementary  Agreement  dated  the  13th 
May,  1856 ; and,  as  regards  the  territories  of  Chiengmai, 
Lakon,  and  Lampoonchi,  by  a special  Treaty  between  the 
Government  of  India  and  the  Government  of  His  Majesty 
the  King  of  Siam,  bearing  date  the  lltli  January,  1871; 

And  whereas  Her  Majesty  the  Queen  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  Empress  of  India, 
and  His  Majesty  the  King  of  Siam,  Sovereign  of  Laos, 
Malays,  Kareans,  &c.,  &c.,  &c.,  with  a view  to  the  more 
effectual  prevention  of  crime  in  the  territories  of  Chieng- 
mai, Lakon,  and  Lampoonchi,  belonging  to  Siam,  and 
to  the  promotion  of  commercial  intercourse  between 
British  Burmah  and  the  territories  aforesaid,  have  agreed 
to  abrogate  the  said  special  Treaty  concluded  on  the  lltli 
January,  1871,  and  to  substitute  therefor  a new  Treaty, 
and  have  named  their  respective  Plenipotentiaries  for 
this  purpose,  that  is  to  say : 


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Her  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  Empress  of  India,  William 
Henry  Newman,  Esq.,  Her  Majesty’s  Acting  Agent  and 
Consul-General  in  Siam ; 

And  His  Majesty  the  King  of  Siam,  Sovereign  of  Laos, 
Malays,  Kareans,  &c.,  his  Excellency  Chow  Phya  Blian- 
wongse  Maha  Kosa  Thibodi,  Grand  Cross  of  the  Most 
Honourable  Order  of  the  Crown  of  Siam,  Grand  Cross  of 
the  Most  Noble  Order  of  the  Chula  Chom  Ivlao,  Grand 
Officer  of  the  Most  Exalted  Order  of  the  White  Elephant, 
Member  of  the  Privy  Council,  Minister  for  Foreign 
Affairs;  Phya  Charon  Raj  Maitri,  Grand  Officer  of  the 
Most  Exalted  Order  of  the  White  Elephant,  Knight  Com- 
mander of  the  Most  Noble  Order  of  the  Chula  Chom  Ivlao, 
Member  of  the  Privy  Council,  Chief  Judge  of  the  Inter- 
national Court;  and  Phya  Thep  Prachum,  Grand  Cross 
of  the  Most  Honourable  Order  of  the  Crown  of  Siam, 
Knight  Commander  of  the  Most  Noble  Order  of  the 
Chula  Chom  Ivlao,  Grand  Officer  of  the  Most  Exalted 
Order  of  the  White  Elephant,  Member  of  the  Privy 
Council,  Under-Secretary  of  State  of  the  War  Depart- 
ment. 

The  said  Plenipotentiaries,  after  having  communi- 
cated to  each  other  their  respective  full  powers,  found 
in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  Articles : — 

Art.  I.  The  Treaty  between  the  Government  of  India 
and  the  Government  of  His  Majesty  the  King  of  Siam, 
bearing  date  the  14th  January,  1874,  shall  be  and  is  hereby 
abrogated. 


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153 


II.  The  Siamese  authorities  in  Chiengmai,  Lakon,  and 
Lampoonchi  will  afford  due  assistance  and  protection  to 
British  subjects  carrying  on  trade  or  business  in  any  of 
those  territories;  and  the  British  Government  in  India 
will  afford  similar  assistance  and  protection  to  Siamese 
subjects  from  Chiengmai,  Lakon,  and  Lampoonchi,  carry- 
ing on  trade  or  business  in  British  territory. 

III.  British  subjects  entering  Chiengmai,  Lakon,  and 
Lampoonchi  must  provide  themselves  with  passports  from 
the  Chief  Commissioner  of  British  Burmah,  or  such  officer 
as  he  appoints  in  this  behalf,  stating  their  names,  calling, 
and  the  weapons  they  carry,  and  description.  Such  pass- 
ports must  be  renewed  for  each  journey,  and  must  be 
shown  to  the  Siamese  officers  at  the  frontier  stations,  or 
in  the  interior  of  Chiengmai,  Lakon,  and  Lampoonchi  on 
demand.  Persons  provided  with  passports  and  not  carry- 
ing any  articles  prohibited  under  the  Treaty  of  the  18th 
April,  1855,  or  the  Supplementary  Agreement  of  the  13th 
May,  1856,  shall  be  allowed  to  proceed  on  their  journey 
without  interference;  persons  unprovided  with  passports 
may  be  turned  back  to  the  frontier,  but  shall  not  be  sub- 
jected to  further  interference. 

Passports  may  also  be  granted  by  Her  Majesty’s 
Consul-General  at  Bangkok  and  by  Her  Majesty’s  Consul 
or  Vice-Consul  at  Chiengmai,  in  case  of  the  loss  of  the 
original  passport  or  of  the  expiration  of  the  term  for 
which  it  may  have  been  granted,  and  other  analogous 
cases. 

British  subjects  travelling  in  Siamese  territory  must 
be  provided  with  passports  from  the  Siamese  authorities. 


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Siamese  subjects  going  from  Chiengmai,  Lakon,  and 
Lampoonchi  into  British  Burmah  must  provide  them- 
selves with  passports  from  the  authorities  at  Chiengmai, 
Lakon,  and  Lampoonchi  respectively,  stating  their  name, 
calling,  description,  and  the  weapons  they  carry.  Such 
passports  must  be  renewed  for  each  journey,  and  must 
be  shown  to  the  British  officer  at  the  frontier  stations  or 
in  the  interior  of  British  Burmah  on  demand. 

Persons  provided  with  passports  and  not  carrying 
any  prohibited  article  shall  be  allowed  to  proceed  on  their 
journey  without  interference.  Persons  unprovided  with 
passports  may  be  turned  back  at  the  frontier,  but  shall 
not  be  subjected  to  further  interference. 

IV.  British  subjects  entering  Siamese  territory  from 
British  Burmah  must,  according  to  custom  and  the  Regu- 
lations of  the  country,  pay  the  duties  lawfully  prescribed 
on  goods  liable  to  such  duty. 

Siamese  subjects  entering  British  territory  will  be 
liable  according  to  the  Regulations  of  the  British  Govern- 
ment, to  pay  the  duties  lawfully  prescribed  on  goods  liable 
to  such  duty. 

Tables  of  such  duties  shall  be  published  for  general 
information. 

V.  His  Majesty  the  King  of  Siam  will  cause  the  Prince 
of  Chiengmai  to  establish  and  maintain  guard  stations 
under  proper  officers,  on  the  Siamese  bank  of  the  Salween 
River,  which  forms  the  boundary  of  Chiengmai  belonging 
to  Siam,  and  to  maintain  a sufficient  police  force  for 
the  prevention  of  murder,  robbery,  dacoity,  and  other 
crimes  of  violence. 


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VI.  If  any  persons  accused  or  convicted  of  murder, 
robbery,  dacoity,  or  other  heinous  crime  in  any  of  the 
territories  of  Chiengmai,  Lakon,  and  Lampoonchi  escape 
into  British  territory,  the  British  authorities  and  police 
shall  use  their  best  endeavors  to  apprehend  them.  Such 
persons  when  apprehended  shall,  if  Siamese  subjects,  or 
subjects  of  any  third  Power,  according  to  the  extradition 
law  for  the  time  being  in  force  in  British  India,  be  deliv- 
ered over  to  the  Siamese  authorities  at  Chiengmai;  if  Brit- 
ish subjects,  they  shall  either  be  delivered  over  to  the 
Siamese  authorities,  or  shall  be  dealt  with  by  the  British 
authorities  as  the  Chief  Commissioner  of  British  Burmah, 
or  any  officer  duly  authorized  by  him  in  this  behalf,  may 
decide. 

If  any  persons  accused  or  convicted  of  murder,  rob- 
bery, dacoity,  or  other  heinous  crime  in  British  territory, 
escape  into  Chiengmai,  Lakon,  or  Lampoonchi,  the  Siam- 
ese authorities  and  police  shall  use  their  best  endeavors 
to  apprehend  them.  Such  persons  when  apprehended 
shall,  if  British  subjects,  be  delivered  over  to  the  British 
authorities,  according  to  the  extradition  law  for  the  time 
being  in  force  in  Siam ; if  Siamese  subjects,  or  subjects 
of  any  third  Power  not  having  Treaty  relations  with 
Siam,  they  shall  either  be  delivered  over  to  the  British 
authorities,  or  shall  be  dealt  with  by  the  Siamese  authori- 
ties, as  the  latter  may  decide,  after  consultation  with  the 
Consul  or  Vice-Consul. 

VII.  The  interests  of  all  British  subjects  coming  to 

Chiengmai,  Lakon,  and  Lampoonchi  shall  be  placed 

under  the  regulations  and  control  of  a British  Consul  or 

Vice-Consul,  who  will  be  appointed  to  reside  at  Chieng- 
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mai,  with  power  to  exercise  civil  and  criminal  jurisdic- 
tion in  accordance  with  the  provisions  of  Article  II  of 
the  Supplementary  Agreement  of  the  13th  May,  1856, 
subject  to  Article  VIII  of  the  present  Treaty. 

VIII.  His  Majesty  the  King  of  Siam  will  appoint  a 
proper  person  or  proper  persons  to  be  a Commissioner 
and  Judge,  or  Commissioners  and  Judges,  in  Chiengmai 
for  the  purposes  hereinafter  mentioned.  Such  Judge 
or  Judges  shall,  subject  to  the  limitations  and  pro- 
visions contained  in  the  present  Treaty,  exercise  civil 
and  criminal  jurisdiction  in  all  cases  arising  in  Chieng- 
mai, Lakon,  and  Lampoonchi,  between  British  subjects, 
or  in  which  British  subjects  may  be  parties  as  complain- 
ants, accused,  plaintiffs,  or  defendants,  according  to 
Siamese  law ; provided  always,  that  in  all  such  cases  the 
Consul  or  Vice-Consul  shall  be  entitled  to  be  present  at 
the  trial,  and  to  be  furnished  with  copies  of  the  proceed- 
ings, which,  when  the  defendant  or  accused  is  a British 
subject,  shall  be  supplied  free  of  charge,  and  to  make 
any  suggestions  to  the  Judge  or  Judges  which  he  may 
think  proper  in  the  interests  of  justice;  provided  also, 
that  the  Consul  or  Vice-Consul  shall  have  power  at  any 
time,  before  judgment,  if  he  shall  think  proper  in  the 
interests  of  justice,  by  a written  requisition  under  his 
hand,  directed  to  the  Judge  or  Judges,  to  signify  his 
desire  that  any  case  in  which  both  parties  are  British 
subjects,  or  in  which  the  accused  or  defendant  is  a Brit- 
ish subject,  be  transferred  for  adjudication  to  the  British 
Consular  Court  at  Chiengmai,  and  the  case  shall  there- 
upon be  transferred  to  such  last-mentioned  Court  accord- 
ingly, and  be  disposed  of  by  the  Consul  or  Vice-Consul,  as 
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provided  by  Article  II  of  the  Supplementary  Agreement 
of  the  13th  May,  1856. 

The  Consul  or  Vice-Consul  shall  have  access,  at  all 
reasonable  times,  to  any  British  subject  who  may  be 
imprisoned  under  a sentence  or  order  of  the  said  Judge 
or  Judges,  and,  if  he  shall  think  fit,  may  require  that 
the  prisoner  be  removed  to  the  Consular  prison,  there 
to  undergo  the  residue  of  his  term  of  imprisonment. 

The  Tariff  of  Court  fees  shall  be  published,  and  shall 
be  equally  binding  on  all  parties  concerned,  whether 
British  or  Siamese. 

IX.  In  civil  and  criminal  cases  in  which  British  sub- 
jects may  be  parties,  and  which  shall  be  tried  before  the 
said  Judge  or  Judges,  either  party  shall  be  entitled  to 
appeal  to  Bangkok;  if  a British  subject,  with  the  sanc- 
tion and  consent  of  the  British  Consul  or  Vice-Consul, 
and  in  other  cases  by  leave  of  the  presiding  Judge  or 
Judges. 

In  all  such  cases  a transcript  of  the  evidence,  together 
with  a Report  from  the  presiding  Judge  or  Judges,  shall 
be  forwarded  to  Bangkok,  and  the  appeal  shall  be  dis- 
posed of  there  by  the  Siamese  authorities  and  Her 
Britannic  Majesty's  Consul-General  in  consultation. 

Provided  always  that  in  all  cases  where  the  defendants 
or  accused  are  Siamese  subjects,  the  final  decision  on 
appeal  shall  rest  with  the  Siamese  authorities;  and  that 
in  all  other  cases  in  which  British  subjects  are  parties, 
the  final  decision  on  appeal  shall  rest  with  Her  Britannic 
Majesty’s  Consul-General. 

Pending  the  result  of  the  appeal,  the  judgment  of  the 

Court  at  Chiengmai  shall  be  suspended  on  such  terms 
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and  conditions  (if  any)  as  shall  be  agreed  upon  between 
the  said  Judge  or  Judges  and  the  Consul  or  Vice-Consul. 

In  such  cases  of  appeal,  as  above  set  forth,  the  appeal 
must  be  entered  in  the  Court  of  Chiengmai  within  a 
month  of  the  original  verdict,  and  must  be  presented  at 
Bangkok  within  a reasonable  time,  to  be  determined  by 
the  Court  at  Chiengmai,  failing  which  the  appeal  will 
be  thrown  out  of  Court. 

X.  The  British  authorities  in  the  frontier  districts  of 
British  Burmah,  and  the  Siamese  authorities  in  Chieng- 
mai, Lakon,  and  Lampoonehi,  will  at  all  times  use  their 
best  endeavors  to  procure  and  furnish  such  evidence  and 
witnesses  as  may  be  required  for  the  determination  of 
civil  and  criminal  cases  pending  in  the  Consular  and 
Siamese  Courts  at  Bangkok  and  in  Chiengmai  respec- 
tively, when  the  importance  of  the  affair  may  render  it 
necessary. 

XI.  British  subjects  desiring  to  purchase,  cut,  or 
girdle  timber  in  the  forests  of  Chiengmai,  Lakon,  and 
Lampoonehi  must  enter  into  a written  agreement  for  a 
definite  period  with  the  owner  of  the  forest.  The  agree- 
ment must  be  executed  in  duplicate,  each  party  retain- 
ing a copy,  and  each  copy  must  be  sealed  by  the  British 
Consul  or  Vice-Consul  and  a Siamese  Judge  and  Com- 
missioner at  Chiengmai,  appointed  under  Article  VIII 
of  this  Convention,  and  be  countersigned  by  a competent 
local  authority,  and  every  such  agreement  shall  be  duly 
registered  in  the  British  Consulate  and  in  the  Siamese 
Court  at  Chiengmai.  Any  British  subject  cutting  or 

girdling  trees  in  a forest  without  the  consent  of  the  owner 
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of  the  forest  obtained  as  aforesaid,  or  after  the  expiration 
of  the  agreement  relating  to  it,  shall  be  liable  to  pay 
such  compensation  to  the  owner  of  the  forest  as  the  Brit- 
ish Consular  officer  at  Chiengmai  shall  adjudge. 

Transfers  of  agreements  shall  be  subject  to  the  same 
formalities. 

The  charges  for  sealing,  countersigning,  and  regis- 
tration shall  be  fixed  at  a moderate  scale,  and  published 
for  general  information. 

XII.  The  Siamese  Judges  and  Commissioners  at 
Chiengmai  appointed  under  Article  VIII  shall,  in  con- 
junction with  the  local  authorities,  endeavor  to  prevent 
the  owners  of  forests  from  executing  agreements  with 
more  than  one  party  for  the  same  timber  or  forests,  and 
to  prevent  any  person  from  illegally  marking  or  effacing 
the  marks  on  timber  which  has  been  lawfully  cut  or 
marked  by  another  person,  and  they  shall  give  such 
facilities  as  are  in  their  power  to  the  purchasers  and 
fellers  of  timber  to  identify  their  property.  Should  the 
owners  of  forests  hinder  the  cutting,  girdling,  or  remov- 
ing the  timber  under  agreements  duly  executed  in  ac- 
cordance with  Article  XI  of  this  Convention,  the  Siamese 
Judges  and  Commissioners  of  Chiengmai  and  the  local 
authorities  shall  enforce  the  agreement,  and  the  owners 
of  such  forests  acting  as  aforesaid  shall  be  liable  to  pay 
such  compensation  to  the  persons  with  whom  they  have 
entered  into  such  agreements  as  the  Siamese  Judges  and 
Commissioners  at  Chiengmai  shall  determine,  in  accord- 
ance with  Siamese  law. 

XIII.  Except  as  and  to  the  extent  specially  pro- 
vided, nothing  in  this  Treaty  shall  be  taken  to  affect 

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the  provisions  of  the  Treaty  of  Friendship  and  Commerce 
between  Her  Majesty  and  the  Kings  of  Siam  of  the  18th 
April,  1855,  and  the  Agreement  supplementary  thereto 
of  the  13th  May,  1856. 

XIV.  This  Treaty  has  been  executed  in  English  and 
Siamese,  both  versions  having  the  same  meaning;  but 
it  is  hereby  agreed  that  in  the  event  of  any  question  aris- 
ing as  to  the  construction  thereof,  the  English  text  shall 
be  accepted  as  conveying  its  true  meaning  and  intention. 

XV.  This  Treaty  shall  come  into  operation  imme- 
diately after  the  exchange  of  the  ratifications  thereof, 
and  shall  continue  in  force  for  seven  years  from  that 
date,  unless  either  of  the  two  Contracting  Parties  shall 
give  notice  of  their  desire  that  it  should  terminate  before 
that  date.  In  such  case,  or  in  the  event  of  notice  not 
being  given  before  the  expiration  of  the  said  period  of 
seven  years,  it  shall  remain  in  force  until  the  expiration 
of  one  year  from  the  day  on  which  either  of  the  High 
Contracting  Parties  shall  have  given  such  notice.  The 
High  Contracting  Parties,  however,  reserve  to  them- 
selves the  power  of  making,  by  common  consent,  any 
modifications  in  these  Articles  which  experience  of  their 
working  may  show  to  be  desirable. 

XVI.  This  Treaty  shall  be  ratified,  and  the  ratifica- 
tions exchanged  at  Bangkok  as  soon  as  possible. 

In  witness  whereof  the  respective  Plenipotentiaries 
have  signed  the  same  in  duplicate,  and  have  affixed 
thereto  their  respective  seals. 

Done  at  Bangkok,  the  3rd  day  of  September,  in  the 

year  1883  of  the  Christian  Era,  corresponding  to  the 
2 


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2nd  day  of  the  waxing  moon  of  the  10th  month  of  the 
year  of  the  Goat,  1245  of  the  Siamese  Era. 

(l.  s.)  W.  H.  Newman. 

( l.  s. ) ( Signatures  of  the  Siamese 

(l.  s.)  Plenipotentiaries.) 

(l.  s.) 


2 


162 


France, 

1893. 

Treaty  of  Peace  and  Convention  between  France 
and  Siam. — Signed  at  Bangkok,  October  3,  1893. 

I. — Treaty. 

Le  President  de  la  Republique  Frangaise  et  Sa  Majesty 
le  Roi  de  Siam,  voulant  mettre  un  terme  aux  contestations 
survennes  dans  ces  derniers  temps  entre  les  deux  fitats  et 
consolider  les  relations  d’amitie  qui  existent  depuis  des 
Siecles  entre  la  France  et  le  Siam,  out  nomine  pour  leurs 
Plenipotentiares : — 

Le  President  de  la  Republique  Frangais,  M.  Charles 
Marie  le  Myre  de  Vilers,  Grand  Officier  de  la  Legion 
d’Honneur  et  de  l’Elephaut  Blanc,  Ministre  PMnipoten- 
tiaire  de  premiere  classe,  Depute ; et 

Sa  Majeste  le  Roi  de  Siam,  Son  Altesse  Royale  le 
Prince  Devawongse  Taraprakar,  Chevalier  de  l’Ordre  de 
Maha  Chakrkri,  Grand  Officier  de  la  Legion  d’Honneur, 
&e.,  Ministre  des  Affaires  fitrangeres ; 

Lesquels,  apres  s’etre  communique  leurs  pleins  pou- 
voirs  et  les  avoir  reconnus  en  bonne  et  due  forme,  sont 
convenus  des  Articles  suivants: — 

Art.  I.  Le  Gouvernement  Siamois  renonce  it  toute 
pretention  sur  l’ensemble  des  territoires  de  la  rive  gauche 
du  Mekong  et  sur  les  lies  du  fleuve. 

II.  Le  Gouvernement  Siamois  s’interdit  d’entretenir 

ou  de  faire  circuler  des  embarcations  on  des  batiments 

armes  sur  les  eaux  du  Grand-Lac,  du  Mekong,  et  de  leurs 

affluents  situes  dans  les  limites  visees  it  P Article  suivant. 
z 


163 


III.  Le  Gouvernement  Siamois  ne  construira  aucun 
poste  fortifie  ou  etablissement  militaire  dans  les  provinces 
de  Battambang  et  de  Siem-Reap,  et  dans  an  rayon  de  25 
kilom.  sur  la  rive  droite  du  Mekong. 

IV.  Dans  les  zones  visees  par  l'Article  III  la  police 
sera  exercee,  selon  l'usage,  par  les  autorites  locales  avec 
les  contingents  strictement  necessaires.  II  n’y  sera 
entretenu  aucune  force  arruee  reguliere  ou  irreguli&re. 

V.  Le  Gouvernement  Siamois  s'engage  a ouvrir,  dans 
un  delai  de  six  mois,  des  negociations  avec  le  Gouverne- 
ment Frangais  en  vue  du  reglement  du  regime  douanier 
et  commercial  des  territoires  vises  it  l’Article  III  de  la 
revision  du  Traite  de  1856.  Jusqu'a  la  conclusion  de  cet 
accord  il  ne  sera  pas  etabli  de  droit  de  douane  dans  la 
zone  visee  a l’Article  III.  La  reciprocity  continuera  ti 
etre  accordee  par  le  Gouvernement  Frangais  aux  produits 
de  la  dite  zone. 

VI.  Le  developpement  de  la  navigation  du  Mekong 
pouvant  rendre  necessaires  sur  la  rive  droite  certains 
travaux  ou  l’etablissement  de  relais  de  batellerie  et  de 
depots  de  bois  et  de  charbon,  le  Gouvernement  Siamois 
s’engage  a donner,  sur  la  demande  du  Gouvernement 
Frangais,  toutes  les  facilites  necessaires  a cet  effet. 

VII.  Les  cito^-ens,  sujets,  ou  ressortissants  Frangais 
pourront  librement  circuler  et  commercer  dans  les  terri- 
toires vises  ii  l’Article  III,  munis  d’une  passe  delivree  par 
les  autorites  Frangaises.  La  reciprocity  sera  accordee 

aux  habitants  des  dites  zones. 

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164 


VIII.  Le  Gouvernement  Frangais  se  reserve  d’etablir 
des  Consuls  ou  il  le  jugera  convenable  dans  l’interet  de 
ses  ressortissants,  et  notamment  h Ivorat  et  Muang-Nan. 

IX.  En  cas  de  difficultes  d’interpretation,  le  texte 
Frangais  fera  seul  foi. 

X.  Le  present  Traite  devra  etre  ratifie  dans  un  delai 
de  quatre  niois  a partir  du  jour  de  la  signature.* 

En  foi  de  quoi  les  Plenipotentiaires  respectifs  sus- 
nornmes  out  signe  le  present  Traite  en  duplicata  et  y ont 
appose  leur  cachets. 

Fait  an  Palais  de  Tallabha,  h Bangkok,  le  3 Octobre, 
1893. 

(l.  s.)  Le  Myre  De  Vilers. 

(l.  s.)  Devawongse  Taraprakar. 

II. — Convention  (Execution  of  Terms  of  Treaty  of 
Treaty  of  Peace). 

Les  Plenipotentiaires  out  arrete,  dans  la  presente  Con- 
vention, les  differentes  mesures  et  les  dispositions  qu’en- 
traine  l’execution  du  Traite  de  Paix  signe  en  ce  jour 
et  de  l’ultimatum  accepte  le  5 Aout  dernier. 

Art.  I.  Les  derniers  postes  militaires  Siamois  de  la 
rive  gauche  du  Mekong  devront  etre  evacues  dans  le  delai 
maximum  d'un  mois  a partir  du  5 Septembre. 

II.  Toutes  les  fortifications  de  la  zone  visee  h P Article 
III  du  Traite  en  date  de  ce  jour  devront  etre  rasees. 

III.  Les  auteurs  des  attentats  de  Tong  Kieng-Kham 
et  de  Kammoun  seront  juges  par  les  autorites  Siamoises; 

*Ratification  approved  by  French  law  of  February  2,  1894. 

'i 


165 


un  Representant  de  la  France  assistera  an  jugement  et 
veillera  h l’execution  des  peines  prononcees.  Le  Gouverne- 
ment  Frangais  se  reserve  le  droit  d’apprecier  si  les  con- 
damnations  sont  suffisantes,  et,  le  cas  echeant,  de  reclamer 
un  nouveau  jugement  devant  un  Tribunal  mixte  dont  il 
fixera  la  composition. 

IV.  Le  Gouvernement  Siamois  devra  remettre  & la 
disposition  du  Ministre  de  France  it  Bangkok  ou  aux 
autorites  Frangaises  de  la  frontiere  tous  les  sujets 
Frangais,  Annamites,  Laotiens  de  la  rive  gauche,  et  les 
Cambodgiens  detenus  it  un  titre  quelconque;  il  ne  mettra 
aucun  obstacle  an  retour  sur  la  rive  gauche  des  anciens 
habitants  de  cette  region. 

V.  Le  Bam-Bien  de  Tong-Kieng-Kham  et  sa  suite 
seront  arnenes  par  un  Delegue  du  Ministre  des  Affaires 
Etrangeres  h la  Legation  de  France,  ainsi  que  les  armes 
et  le  pavilion  Frangais  saisis  par  les  autorites  Siamoises. 

VI.  Le  Gouvernement  Frangais  continuera  a occuper 
Chantaboun  jusqu’it  l’execution  des  stipulations  de  la  pre- 
sents Convention,  et  notamment  jusqu’a  complete  evacua- 
tion et  pacification  tant  de  la  rive  gauche  que  des  zones 
visees  h 1’ Article  III  du  present  Traite  en  date  de  ce  jour. 

En  foi  de  quoi  les  Plenipotentiaires  respectifs  out 
signe  la  presente  Convention  et  y out  oppose  leurs 
cachets. 

Fait  double,  Palais  de  Tallablia,  a Bangkok,  le  3 
Octobre,  1893. 

(l.  s.)  De  Myre  De  Vilers. 

(l.  s.)  Devawongse  Taraprakar. 


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166 


Great  Britain, 

1896. 

Notes  exchanged  between  Great  Britain  and  Siam, 
Extending  the  Operation  in  Siam  of  the  Treaty  of 
September  3,  1883. — Bangkok,  September  29,  October 
28,  1896. 


No.  1. — Mr.  de  Bunsen  to  Prince  Devawongse. 

Bangkok,  September  29,  1896. 

M.  Le  Ministere, 

When  the  Consular  district  of  Chiengmai  was  en- 
larged by  the  inclusion  of  Muang  Nan  and  Phre,  an  ex- 
change of  notes  took  place  between  his  Excellency  Chao 
Phya  Bhanuwongse  and  Mr.  E.  Satow,  by  which  it  was 
agreed  that  the  Treaty  of  September,  1883,  relating  to 
Chiengmai,  Laklion,  and  Lampoonehi  should  be  extended 
to  the  added  territories.  The  Siamese  and  British  notes 
were  dated  respectively  the  31st  December,  1884,  and  the 
10th  January,  1885. 

The  Consular  district  in  question  having  since  been 
further  extended  to  include  the  additional  provinces 
named  in  Mr.  Archer’s  Commission  as  Consul,  viz., 
Muang  Thon,  Raheng,  Sawankaloke,  Sukotai,  Utaradit, 
and  Picliai,  I desire  to  propose  by  this  note  that  those 
additional  provinces  be  in  the  same  way  held  by  the  Brit- 
ish and  Siamese  Governments  to  fall  within  the  scope 
of  the  above-mentioned  Treaty  of  September,  1883,  by 
which,  among  other  matters,  it  is  provided  that  a speci- 
ally constituted  Siamese  Court  shall,  in  the  first  instance, 

exercise  civil  and  criminal  jurisdiction,  under  express 
2 


167 


conditions  as  to  Consular  intervention,  over  British  sub- 
jects concerned  in  civil  or  criminal  cases. 

If  your  Royal  Highness  will  inform  me,  by  an  official 
note  in  reply  to  this  one,  that  you  concur  with  the  above 
proposal,  and  that  the  necessary  instructions  to  give  ef- 
fect to  it  will  be  duly  issued  to  the  proper  authorities,  I 
will  inform  Her  Majesty’s  Government  that  the  arrange- 
ment has  been  concluded  between  us. 

I avail,  etc., 

M.  de  Bunsen. 


Prince  Devawongse. 

No.  2 — Prince  Devawongse  to  Mr.  de  Bunsen. 

Bangkok,  October  28,  1896. 

M.  LE  ClIARGfi  D’AFFAIRES, 

By  your  note  dated  the  29th  September  last,  you  pro- 
pounded to  His  Majesty’s  Government  a proposal  to  the 
effect  that  the  Provinces  of  Thon,  Ralieng,  Sawankaloke, 
Sukotai,  Utaradit,  and  Picliai,  should  be  held  by  the 
British  and  Siamese  Governments  to  fall  within  the  scope 
of  the  Treaty  of  September,  1883,  in  the  same  way  as,  in 
1885,  the  Provinces  of  Nan  and  Phre  were  held  to  be 
under  the  provisions  of  that  Treaty,  by  which  for  one 
thing  it  is  provided  that  a specially  constituted  Siamese 
Court  shall,  in  the  first  instance,  exercise  civil  and 
criminal  jurisdiction,  under  express  conditions  as  to  Con- 
sular intervention,  over  British  subjects  concerned  in  civil 
or  criminal  cases. 

I now  take  great  pleasure  in  officially  informing  you 

that  His  Majesty’s  Government  entirely  concur  with  the 
2 


168 


proposal  set  forth  by  you  in  the  said  note,  and  that  the 
necessary  instructions  for  effecting  it  will  be  duly  issued 
to  the  authorities  concerned  at  an  early  date. 

Accept,  etc., 

Devawongse, 

Minister  for  Foreign  Affairs. 

M.  de  Bunsen,  Esq. 


Annex. 

Mr.  Satow  to  Chao  Phya  Bhanuwongse. 

Bangkok,  December  31,  1884. 

M.  Le  Ministre, 

I have  the  honour  to  acquaint  your  Excellency  that 
Her  Majesty's  Government  having  been  acquainted  with 
the  desire  of  His  Majesty  the  King  of  Siam  that  the  stipu- 
lations of  the  Treaty  of  the  3rd  September,  1883,  relating 
to  the  territories  of  Chiengmai,  Lakhon,  and  Lampoonehi, 
by  which  among  other  matters  it  is  provided  that  the 
Siamese  Courts  shall,  in  the  first  instance,  exercise  civil 
and  criminal  jurisdiction  over  British  subjects  in  all  cases 
arising  in  those  territories,  should  be  extended  to  the  ter- 
ritories of  Muang  Kan  and  Phre,  have  instructed  me  to 
express  to  the  Government  of  His  Majesty  the  King  their 
concurrence  in  this  arrangement. 

The  words  Chiengmai,  Lakhon,  and  Lampoonehi,  in 
the  Treaty  of  1883,  being  thus  taken  to  include  the  terri- 
tories of  Muang  Nan  and  Phre,  it  would  appear  that  a 
similar  extension  of  meaning  should  be  given  to  those 

words  as  occurring  in  Mr.  Gould’s  Commission. 

2 


169 


If  your  Excellency  concurs  with  this  view,  I have  the 
honour  to  request  that  the  necessary  instructions  may  be 
given  to  the  proper  authorities. 

I avail,  etc. 

E.  M.  Satow. 

Chao  Phya  Bhanijwongse. 

Chao  Phya  Bhanijwongse  to  Mr.  Satow. 

Bangkok,  January  10,  1885. 

Sir, 

I beg  to  acknowledge  the  receipt  of  your  note  of  the 
31st  ultimo,  informing  me  that  Her  Britannic  Majesty’s 
Government  have  concurred  in  the  arrangement  that  the 
States  of  Nan  and  Phre  should  be  included  in  the  mean- 
ing of  the  words  Chiengmai,  Lakhon,  and  Lampoonchi, 
in  the  Treaty  of  1883,  and  you  propose  that  a similar 
extension  of  meaning  should  be  given  to  those  words  as 
occurring  in  the  Commission  of  the  Vice-Consul  appointed 
according  to  that  Treaty. 

In  reply,  I have  the  honour  to  state  that  His  Siamese 
Majesty’s  Government  entirely  concur  in  your  proposal, 
and  the  necessary  instructions  to  give  effect  to  the 
arrangement  in  view  shall  accordingly  be  duly  issued  to 
the  proper  authorities. 

I have  further  the  honour  to  request  that  the  words 
Muang  Nan  and  Phre  should  be  inserted  in  the  Commis- 
sion of  any  Vice-Consul  that  may  hereafter  be  appointed, 
in  order  that  His  Majesty’s  exequatur  may  be  issued  in 
accordance  with  the  usual  practice. 

I take,  etc. 

Chao  Phya  Bhanuwongse 

E.  M.  Satow,  Esq. 

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170 


Japan, 

1898. 

Treaty  of  Friendship,  Commerce,  and  Navigation 
between  Japan  and  Siam. — Signed  at  Bangkok,  Feb- 
ruary 25,  1898. 

(Ratifications  exchanged  at  Bangkok,  May  31, 1898.) 

“His  Majesty  the  Emperor  of  Japan,  and  His  Majesty 
the  King  of  Siam,  being  equally  animated  by  a desire  to 
promote  the  relations  of  friendship,  commerce,  and  navi- 
gation which  happily  exist  between  their  respective  States 
and  subjects,  have  resolved  to  conclude  a Treaty  for  that 
purpose,  and  have  named  as  their  Plenipotentiaries,  that 
is  to  say : 

His  Majesty  the  Emperor  of  Japan,  Inagaki  Manjiro, 
Shogoi,  His  Majesty's  Minister-Resident  at  the  Court  of 
His  Majesty  the  King  of  Siam;  and 

His  Majesty  the  King  of  Siam,  His  Royal  Highness 
Prince  Krom  Luang  Devawongse  Varoprakar,  Knight  of 
the  Order  of  Chakrakri,  First  Class  of  the  Order  of  Ris- 
ing Sun,  &c.,  Minister  for  Foreign  Affairs  of  His  Majesty 
the  King  of  Siam ; 

Who,  after  having  communicated  to  each  other  their 
respective  full  powers,  found  to  be  in  good  and  due  form, 
have  agreed  upon  and  concluded  the  following  Articles : — 

Art.  I.  There  shall  be  constant  peace  and  perpetual 
friendship  between  Japan  and  Siam,  and  the  subjects  of 
each  of  the  High  Contracting  Parties  shall  enjoy  in  the 
dominions  and  possessions  of  the  other  full  and  entire  pro- 
tection for  their  persons  and  property,  according  to  estab- 
lished law  of  the  country. 

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171 


II.  It  shall  be  free  to  each  of  the  Contracting  Parties 
to  appoint  Consuls-General,  Consuls,  Vice-Consuls,  and 
Consular  Agents,  to  reside  in  the  towns  and  ports  of  the 
dominions  and  possessions  of  the  other,  where  similar 
officers  of  other  Powers  are  permitted  to  reside.  Such 
Consuls-General,  Consuls,  Vice-Consuls,  and  Consular 
Agents,  however,  shall  not  enter  upon  their  functions 
until  after  they  shall  have  been  approved  and  admitted  in 
the  usual  form  by  the  Government  to  which  they  are  sent. 
They  shall  enjoy  all  the  honours,  privileges,  exemptions, 
and  immunities  of  every  kind  which  are  or  may  be  granted 
to  Consuls  of  the  most  favoured  nation. 

III.  The  subjects  of  each  of  the  High  Contracting  Par- 
ties may  enter,  remain,  and  reside  in  any  part  of  the 
dominions  and  possessions  of  the  other,  where  the  subjects 
and  citizens  of  the  nation  most  favoured  in  those  respects 
are  permitted  to  enter,  remain,  and  reside.  They  may 
there  hire  and  occupy  houses,  manufactories,  shops,  and 
warehouses,  and  they  may  there  engage  in  trade  by  whole- 
sale and  retail  in  all  kinds  of  produce,  manufactures,  and 
merchandize,  paying  no  other  or  higher  taxes,  imposts, 
charges,  or  exactions  of  any  kind  than  are  now  or  may 
hereafter  be  paid  by  the  subjects  or  citizens  of  the  most 
favoured  nation. 

In  all  that  relates  to  travel,  trade,  and  residence,  to 
the  acquisition,  possession,  and  disposal  of  property  of 
all  kinds,  and  to  the  right  to  engage  in  all  kinds  of  busi- 
ness, occupation,  and  enterprise,  the  subjects  of  each  of 
the  Contracting  Parties  in  the  dominions  and  posses- 
sions of  the  other  shall  at  all  times  enjoy  the  treatment 


2 


172 


accorded  to  the  subjects  or  citizens  of  the  most  favoured 
nation. 

IV.  There  shall  be  reciprocally  full  and  entire  free- 
dom of  commerce  and  navigation  between  the  dominions 
and  possessions  of  the  two  High  Contracting  Parties. 
The  subjects  of  each  of  the  Contracting  Parties  shall  have 
liberty  freely  and  securely  to  come  and  go  with  their  ships 
and  cargoes  to  and  from  all  places,  ports,  and  rivers  in 
the  dominions  and  possessions  of  the  other  which  are  now 
or  may  hereafter  be  opened  to  foreign  commerce  and  navi- 
gation. 

V.  The  subjects  of  each  of  the  High  Contracting  Par- 
ties shall  enjoy  in  the  dominions  and  possessions  of  the 
other  a perfect  equality  of  treatment  with  the  subjects  or 
citizens  of  the  most  favoured  nation  in  all  that  relates  to 
transit  duties,  warehousing,  bounties,  facilities,  the  ex- 
amination and  appraisement  of  merchandize  and  draw- 
backs. 

VI.  No  other  or  higher  duties  shall  be  imposed  on  the 
importation  into  the  dominions  and  possessions  of  His 
Majesty  the  King  of  Siam  of  any  article  the  produce  or 
manufacture  of  the  dominions  and  possessions  of  His 
Majesty  the  Emperor  of  Japan,  from  whatever  place  ar- 
riving, and  no  other  or  higher  duties  shall  be  imposed  on 
the  importation  into  the  dominions  and  possessions  of 
His  Majesty  the  Emperor  of  Japan  of  any  article  the  pro- 
duce or  manufacture  of  the  dominions  and  possessions  of 
His  Majesty  the  King  of  Siam,  from  whatever  place  ar- 
riving, than  on  the  like  article  produced  or  manufactured 

in  any  other  foreign  country;  nor  shall  any  prohibition 
2 


173 


be  maintained  or  imposed  on  the  importation  of  any  arti- 
cle the  produce  or  manufacture  of  the  dominions  and  pos- 
sessions of  either  of  the  High  Contracting  Parties  into 
the  dominions  and  possessions  of  the  other,  from  what- 
ever place  arriving,  which  shall  not  equally  extend  to  the 
importation  of  the  like  article  being  the  produce  or  manu- 
facture of  any  other  country.  This  last  provision  is  not 
applicable  to  the  sanitary  and  other  prohibitions  occa- 
sioned by  the  necessity  of  protecting  the  safety  of  persons, 
or  of  cattle,  or  of  plants  useful  to  agriculture. 

VII.  No  other  or  higher  duties,  taxes,  or  charges  of  any 
kind  shall  be  imposed  in  the  dominions  and  possessions  of 
either  of  the  High  Contracting  Parties  in  respect  of  any 
article  exported  to  the  dominions  and  possessions  of  the 
other  than  such  as  are  or  may  be  payable  in  respect  of 
the  like  article  exported  to  any  other  foreign  country ; nor 
shall  any  prohibition  be  imposed  on  the  exportation  of  any 
article  from  the  dominions  and  possessions  of  either  of 
the  two  Contracting  Parties  to  the  dominions  and  pos- 
sessions of  the  other  which  shall  not  equally  extend  to 
the  exportation  of  the  like  article  to  any  other  country. 

VIII.  All  articles  which  are  or  may  be  legally  im- 
ported into  the  ports  of  the  dominions  and  possessions  of 
His  Majesty  the  Emperor  of  Japan  in  Japanese  vessels  or 
vessels  of  the  most  favoured  nation  may  likewise  be  im- 
ported into  those  ports  in  Siamese  vessels  without  being 
liable  to  any  other  or  higher  duties  or  charges  of  whatever 
denomination  than  if  such  articles  were  imported  in 
Japanese  vessels  or  vessels  of  the  most  favoured  nation ; 
and  reciprocally  all  articles  which  are  or  may  be  legally 

imported  into  the  ports  of  the  dominions  and  possessions 
2 


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of  His  Majesty  the  King  of  Siam  in  Siamese  vessels  or  in 
vessels  of  the  most  favoured  nation  may  likewise  be  im- 
ported into  those  ports  in  Japanese  vessels  without  being 
liable  to  any  other  or  higher  duties  or  charges  of  what- 
ever denomination  than  if  such  articles  were  imported  in 
Siamese  vessels  or  vessels  of  the  most  favoured  nation. 
Such  reciprocal  equality  of  treatment  shall  take  effect 
without  distinction,  whether  such  articles  come  directly 
from  the  place  of  origin  or  from  any  other  place. 

In  the  same  manner  there  shall  be  perfect  equality  of 
treatment  in  regard  to  exportation,  so  that  the  same  in- 
ternal and  export  duties  shall  be  paid,  and  the  same  boun- 
ties and  drawbacks  allowed,  in  the  dominions  and  pos- 
sessions of  either  of  the  High  Contracting  Parties  on  the 
exportation  of  any  article  which  is  or  may  be  legally 
exported  therefrom,  whether  such  exportation  shall  take 
place  in  Japanese  or  Siamese  vessels  or  in  vessels  of  a 
third  Power,  and  whatever  may  be  the  place  of  destina- 
tion, whether  a port  of  either  of  the  Contracting  Parties 
or  of  any  third  Power. 

IX.  Xo  other  or  higher  duties  or  charges  on  account  of 
tonnage,  light,  or  harbour  dues,  pilotage,  quarantine,  sal- 
vage, in  case  of  damage  or  shipwreck,  or  any  other  local 
charges  shall  be  imposed  in  any  ports  of  Japan  on  Si- 
amese vessels,  nor  in  any  of  the  ports  of  Siam  on  Ja- 
panese vessels  than  are  now  or  may  hereafter  be  payable 
in  like  case  in  the  same  ports  on  national  vessels  in  gen- 
eral or  vessels  of  the  most  favoured  nation.  Such  equality 
of  treatment  shall  apply  reciprocally  to  the  respective 
vessels,  from  whatever  port  or  place  they  may  arrive,  and 

whatever  may  be  their  place  of  destination. 

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X.  In  all  that  concerns  the  entering,  clearing,  station- 
ing, loading,  and  unloading  of  vessels  in  the  ports,  basins, 
docks,  roadsteads,  harbours,  or  rivers  of  the  dominions 
and  possessions  of  the  two  countries  no  privilege  shall  be 
granted  by  one  country  to  national  vessels  or  vessels  of 
any  third  Power  which  shall  not  be  equally  granted  in 
similar  cases  to  vessels  of  the  other  country. 

XI.  Any  ship  of  war  or  merchant-vessel  of  either  of 
the  High  Contracting  Parties  which  may  be  compelled, 
by  stress  of  weather  or  by  reason  of  any  other  distress,  to 
take  shelter  in  a port  of  the  other  shall  be  at  liberty  to 
refit  therein,  to  procure  all  necessary  supplies,  and  to  put 
to  sea  again  without  paying  any  duties  other  than  such 
as  would  be  payable  by  national  vessels.  In  case,  however, 
the  master  of  a merchant-vessel  should  be  under  the  neces- 
sity of  disposing  of  a part  of  his  cargo  in  order  to  defray 
the  expenses,  he  shall  be  bound  to  conform  to  the  regula- 
tions and  tariffs  of  the  place  to  which  he  may  have  come. 

If  any  ship  of  war  or  merchant-vessel  of  one  of  the 
Contracting  Parties  should  run  aground  or  be  wrecked 
upon  the  coasts  of  the  other,  such  ship  or  vessel,  and  all 
parts  thereof,  and  all  furnitures  and  appurtenances  be- 
longing thereunto,  and  all  goods  and  merchandize  saved 
therefrom,  including  those  which  may  have  been  cast  into 
the  sea,  or  the  proceeds  thereof,  if  sold,  as  well  as  all 
papers  found  on  board  such  stranded  or  wrecked  ship  or 
vessel,  shall  be  given  up  to  the  owners,  master,  or  their 
agents  when  claimed  by  them.  If  such  owners,  master,  or 
agents  are  not  on  the  spot,  the  same  shall  be  delivered  to 
the  respective  Consuls-General,  Consuls,  Vice-Consuls,  or 

Consular  Agents  upon  being  claimed  by  them  within  the 
2 


176 


period  fixed  by  the  laws  of  the  country,  and  sneh  Con- 
sular officers,  owners,  master,  or  agents  shall  pay  only 
the  expenses  incurred  in  the  preservation  of  the  property, 
together  with  the  salvage  or  other  expenses  which  would 
have  been  payable  in  the  case  of  a wreck  of  a national 
vessel. 

The  goods  and  merchandize  saved  from  the  wreck  shall 
be  exempt  from  all  the  duties  of  the  Customs  unless 
cleared  for  consumption,  in  which  case  they  shall  pay  the 
ordinary  duties. 

In  the  case  of  a ship  or  vessel  belonging  to  the  sub- 
jects of  either  of  the  Contracting  Parties  being  driven  in 
by  stress  of  weather,  run  aground,  or  wrecked  in  the 
dominions  and  possessions  of  the  other,  the  respective 
Consuls-General,  Consuls,  Vice-Consuls,  and  Consular 
Agents  shall,  if  the  owner  or  master,  or  other  agent  of 
the  owner,  is  not  present,  or  is  present,  but  requires  it, 
be  authorized  to  interpose  in  order  to  afford  the  necessary 
assistance  to  the  subjects  of  the  respective  States. 

XII.  The  vessels  of  war  of  each  of  the  High  Contract- 
ing Parties  may  enter,  remain,  and  make  repairs  in  those 
ports  and  places  of  the  other  to  which  the  vessels  of  war 
of  the  most  favoured  nation  are  accorded  access ; they 
shall  there  submit  to  the  same  regulations  and  enjoy  the 
same  honours,  advantages,  privileges,  and  exemptions  as 
are  now  or  may  hereafter  be  conceded  to  vessels  of  war  of 
the  most  favoured  nation. 

XIII.  The  High  Contracting  Parties  agree  that,  in  all 
that  concerns  commerce,  industry,  and  navigation,  any 
privilege,  favour,  or  immunity  which  either  Contracting 


177 


Party  has  actually  granted  or  may  hereafter  grant  to  the 
Government,  subjects,  citizens,  ships,  or  merchandize  of 
any  other  State  shall  he  extended  immediately  and  uncon- 
ditionally to  the  Government,  subjects,  ships,  or  mer- 
chandize of  the  other  Contracting  Party,  it  being  their 
intention  that  the  trade,  industry,  and  navigation  of  each 
country  shall  be  placed  in  all  respects  by  the  other  on  the 
footing  of  the  most  favoured  nation. 

XIY.  The  present  Treaty  shall  come  into  force  im- 
mediately after  the  exchange  of  ratifications,  and  shall 
remain  in  force  for  ten  years,  and  thereafter  until  the 
expiration  of  a year  from  the  day  on  which  one  or  the 
other  of  the  Contracting  Parties  shall  have  repudiated  it. 

XV.  The  present  Treaty  is  signed  in  duplicate  in  the 
Japanese,  Siamese,  and  English  languages,  and  in  case 
there  should  be  found  any  discrepancy  between  the 
Japanese  and  Siamese  texts,  such  discrepancy  shall  be 
decided  in  conformity  with  the  English  text. 

XVI.  The  present  Treaty  shall  be  ratified,  and  the 
ratifications  thereof  shall  be  exchanged  at  Bangkok  as 
soon  as  possible. 

In  witness  whereof  the  respective  Plenipotentiaries 
have  signed  the  same,  and  have  affixed  thereto  the  seal  of 
their  arms. 

Done  at  Bangkok,  in  sextuplieate,  this  25tli  day  of  the 
second  month  of  the  31st  year  of  Meiji,  corresponding  to 
the  25th  day  of  February  of  the  116th  year  of  Ratana- 
kosindr  Sok,  and  the  1898th  year  of  the  Christian  era. 

(L.  S.)  INAGAKI  MANJIRO. 

( l.  s. ) Devawongse  Varoprakar. 


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Protocol. 

At  the  moment  of  proceeding  this  day  to  the  signature 
of  the  Treaty  of  Friendship,  Commerce,  and  Navigation 
between  Japan  and  Siam  the  Plenipotentiaries  of  the  two 
High  Contracting  Parties  have  declared  as  follows : — 

1.  The  Siamese  Government  consent  that  Japanese 
Consular  officers  shall  exercise  jurisdiction  over  Japanese 
subjects  in  Siam  until  the  judicial  reforms  of  Siam  shall 
have  been  completed,  that  is,  until  a Criminal  Code,  a 
Code  of  Criminal  Procedure,  a Civil  Code  (with  exception 
of  Law  of  Marriage  and  Succession),  a Code  of  Civil 
Procedure,  and  a Law  of  Constitution  of  the  Courts  of 
Justice  will  come  into  force. 

2.  The  Japanese  Government  accept  as  binding  upon 
Japanese  subjects  and  vessels  resorting  to  Siam  the  Trade 
Regulations  and  Customs  Tariffs  now  in  force  in  Siam  in 
respect  of  the  subjects,  citizens,  and  vessels  of  the  other 
Powers  having  Treaties  with  Siam. 

Such  Regulations  and  Tariffs  shall  be  subject  to  revis- 
ion at  any  time  upon  twelve  months'  previous  notice,  on 
demand  of  either  Japan  or  Siam. 

All  fines  and  penalties  imposed  for  infractions  of  the 
said  Regulations,  or  of  the  Treaty  signed  this  day,  shall 
be  paid  to  the  Siamese  Government. 

3.  Any  controversies  which  may  arise  respecting  the 
interpretation  or  the  execution  of  the  Treaty  signed  this 
day,  or  the  consequences  of  any  violation  thereof,  shall 
be  submitted,  when  the  means  of  settling  them  directly 
by  amicable  agreement  are  exhausted,  to  the  decision  of 
Commissions  of  Arbitration,  and  that  the  result  of  such 

arbitration  shall  be  binding  upon  both  Governments. 

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The  members  of  such  Commissions  shall  be  selected 
by  the  two  Governments  by  common  consent,  failing 
which  each  of  the  Parties  shall  nominate  an  Arbitrator 
or  an  equal  number  of  Arbitrators,  and  the  Arbitrators 
thus  appointed  shall  select  an  Umpire. 

The  procedure  of  the  arbitration  shall  in  each  case 
be  determined  by  the  Contracting  Parties,  failing  which 
the  Commission  of  Arbitration  shall  be  itself  entitled 
to  determine  it  beforehand. 

The  undersigned  Plenipotentiaries  have  agreed  that 
this  Protocol  shall  be  submitted  to  the  High  Contracting 
Parties  at  the  same  time  as  the  Treaty,  and  that  when 
the  Treaty  is  ratified,  the  agreements  contained  in  this 
Protocol  shall  also  equally  be  considered  as  approved, 
without  the  necessity  of  a further  formal  ratification. 

In  witness  whereof  the  respective  Plenipotentiaries 
have  signed  the  present  Protocol,  and  have  affixed  thereto 
their  seals. 

Done  in  Bangkok,  in  sextuplicate,  this  25th  day  of  the 
second  month  of  the  31st  year  of  Meiji,  corresponding  to 
the  25th  day  of  February  of  the  116th  year  of  Ratana- 
kosindr  Sole,  and  the  1898th  year  of  the  Christian  era. 

(L.  S.)  INAGAKI  MANJIRO. 

(l.  s.)  Devawongse  Varoprakar. 


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180 


Russia, 

1899. 

Declaration  between  Russia  and  Siam  relative  to 
Commerce  and  Navigation,  &c. — Signed  at  Bangkok, 
June  11/23,  1899. 

Le  Gouvernement  Royal  du  Siam  et  le  Gouvernement 
Imperial  de  Russie,  desirant  faciliter  les  relations  entre 
les  deux  pays,  sont  convenus  d’un  commun  accord  jusqu’& 
la  conclusion  d'un  Traite  d'Amitie  et  de  Commerce,  de  ce 
qui  suit : — 

Que  pour  tout  ce  qui  a rapport  t\  la  juridiction,  au 
commerce,  et  h la  navigation  les  sujets  Siamois  sur  le 
territoire  de  la  Russie  et  les  sujets  Russes  sur  le  territoire 
du  Siam  jouiront  dorenavant,  jusqu’a  l’expiration  du 
present  Arrangement,  de  tous  les  droits  et  privileges 
accordes  aux  sujets  des  autres  nations,  respectivement  au 
Siam  ou  en  Russie,  par  les  Traites  actuellement  en 
vigueur,  ainsi  que  par  les  Traites  qui  pourront  etre  con- 
tracts dans  l’avenir. 

Cet  Arrangement  sera  applique  des  deux  cotes  it  partir 
du  jour  de  la  signature  jusqu’it  l’expiration  de  six  mois 
depuis  le  jour  oil  l’une  ou  l’autre  des  Ilautes  Parties 
Contractantes  l’aura  d6nonc6. 

La  presente  Declaration  ay  ant  ete  redigee  en  Siamois, 
Russe,  et  Fran^ais,  et  les  trois  versions  ayant  la  ineme 
portae  et  le  meme  sens,  le  texte  Fran^ais  sera  officiel  et 
fera  foi  sous  tous  les  rapports. 

En  foi  de  quoi  les  Soussignes,  dument  autorises  a cet 
effet,  ont  dresse  la  presente  Declaration,  qu’ils  ont  munie 

de  leurs  signatures  et  du  cachet  de  leurs  armes. 

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181 


Fait  k Bangkok,  le  23  Juin,  118  de  l’ere  Siamois, 
Equivalent  au  11  Juin  de  1'annEe  1899  du  calendrier 
Russe. 

(l.  s.)  Devawongse  Varoprakae. 
(l.  s.)  A.  E.  Olaroysky. 


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France, 

1904. 

Convention  between  France  and  Siam  modifying 
the  Stipulations  of  the  Treaty  of  the  3rd  October, 
1893,  regarding  Territorial  Boundaries  and  other 
Arrangements. — Signed  at  Paris,  February  13,  1904. 

(Ratifications  exchanged  at  Paris,  December  9,  1904.) 

Le  President  de  la  Republique  Frangaise  et  Sa  Majesty 
le  Roi  de  Siam,  desireux  de  rendre  plus  etroites  et  plus 
confiantes  les  relations  d'amitie  qui  existent  entre  leurs 
deux  pays  et  de  regie  r certaines  difficultes  qui  s’etaient 
elevees  sur  Pinterpretation  du  Traite  et  de  la  Convention 
du  3 Octobre,  1893,  ont  decide  de  conclure  une  nouvelle 
Convention  et  ont  nomine  h cet  effet  pour  leurs  Plenipo- 
tentiaires,  savoir : 

Le  President  de  la  Republique  Frangaise,  M.  Theophile 
Delcasse,  Depute,  Ministre  des  Affaires  Etrangeres, 
&c. ; et 

Sa  Majeste  le  Roi  de  Siam,  Pliya  Suriya  Nuvatr,  son 
Envoye  Extraordinaire  et  Ministre  Plenipotentiaire  pres 
le  President  de  la  Republique  Frangaise,  decore  de  la 
premiere  classe  de  l’Ordre  Royal  de  la  Couronne  de  Siam, 
Grand  Officier  de  l'Ordre  National  de  la  Legion  d’Hon- 
neur,  &c. ; 

Lesquels,  apr£s  s’etre  communique  leurs  pleins 
pouvoirs,  trouves  en  bonne  et  due  forme,  sont  convenus 
des  dispositions  suivantes: — 


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Art.  I.  La  frontiere  entre  le  Siam  et  le  Cambodge 
part,  sur  la  rive  gauche  du  Grand-Lac,  de  Pembouchure 
de  la  Riviere  Stung-Roluos ; elle  suit  le  parallele  de  ce 
point  dans  la  direction  de  Test  jusqu’a  la  rencontre  de 
la  Riviere  Prdk-Kompong-Tiam,  puis,  remontant  vers  le 
nord,  elle  se  confond  avec  le  meridien  de  ce  point  de 
rencontre  jusqu’a  la  chaine  de  montagnes  Pnom-Dang-Rek. 
De  lh  elle  suit  la  ligne  de  partage  des  eaux  entre  les 
bassins  du  Nam-Sen  et  du  Mekong,  d’une  part,  et  du 
Nam-Moun  d’autre  part,  et  rejoint  la  chaine  Pnom- 
Padang  dont  elle  suit  la  Crete  vers  Test  jusqu’au  Mekong. 
En  amont  de  ce  point  le  Mekong  reste  la  frontiere  du 
Royaume  de  Siam,  conformement  h l'Article  I du  Traite 
du  3 Octobre,  1893. 

II.  Quant  a la  frontiere  entre  le  Luang-Prabang,  rive 
droite,  et  les  provinces  de  Muang-Phichai  et  Muang-Nan, 
elle  part  du  Mekong  h son  confluent  avec  Nam-Huong 
et,  suivant  le  thalweg  de  cette  riviere  jusqu’h  son  con- 
fluent avec  le  Nam-Tang,  remontant  ensuite  le  cours  du 
dit  Nam-Tang,  elle  atteint  la  ligne  de  partage  des  eaux 
entre  les  bassins  du  Mekong  et  celui  de  la  Menam  en  un 
point  situe  prbs  de  Pou-Dene-Dine.  A partir  de  ce  point 
elle  remonte  vers  le  nord,  suivant  la  ligne  de  faite  entre 
les  deux  bassins  jusqu’aux  sources  de  la  Riviere  Nam- 
Kop,  dont  elle  suit  le  cours  jusqu’h  sa  rencontre  avec  le 
Mekong. 

III.  II  sera  procede  a la  delimitation  des  frontieres 

entre  le  Royaume  de  Siam  et  les  territoires  formant 

l’lndo-Chine  Frangaise.  Cette  delimitation  sera  effectu6e 

par  des  Commissions  Mixtes  composdes  d’officiers  nommfe 
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184 


par  les  deux  pays  eontraetants.  Le  travail  portera  sur 
la  frontiere  determinee  par  les  Articles  I et  II,  ainsi  que 
sur  la  region  comprise  entre  le  Grand-Lac  et  la  mer. 

En  vue  de  faciliter  les  travaux  des  Commissions  et  en 
vue  d’eviter  toute  possibility  de  difficulty  dans  la  delimita- 
tion de  la  region  comprise  entre  le  Grand-Lac  et  la  mer, 
les  deux  Gouvernements  se  mettront  d'accord,  avant  la 
nomination  des  Commissions  Mixtes,  pour  fixer  les  points 
principaux  de  la  delimitation  dans  cette  region,  notam- 
ment  le  point  ou  la  frontiere  atteindra  la  mer. 

Les  Commissions  Mixtes  seront  nominees  et  com- 
menceront  leurs  travaux  dans  les  quatre  mois  aprds  la 
ratification  de  la  prdsente  Convention. 

IV.  Le  Gouvernement  Siamois  renonce  it  toute 
prerogative  de  suzerainete  sur  les  territoires  du  Luang- 
Prabang  situes  sur  la  rive  droite  du  Mekong. 

Les  bateaux  de  commerce  et  les  trains  de  bois  apparte- 
nant  it  des  Siamois  auront  le  droit  de  naviguer  librement 
sur  la  partie  du  Mekong  traversant  le  territoire  du  Luang- 
Prabang. 

V.  Aussitot  que  l’accord  prevu  par  l'Article  III,  para- 
grapbe  2,  et  relatif  it  la  delimitation  de  la  frontiere  entre 
le  Grand-Lac  et  la  mer,  aura  ete  etabli,  et  aussitot  qu'il 
sera  officiellement  notifie  aux  autorites  Frangaises  que 
les  territoires'  resultant  de  cet  accord  et  les  territoires 
sitims  it  Test  de  la  frontiere,  telle  qu’elle  est  indiquee  aux 
Articles  I et  II  du  present  Traite,  se  trouvent  it  leur 
disposition,  les  troupes  Frangaises  qui  occupeut  pro- 
visoirement  Chantaboun,  en  vertu  de  la  Convention  du 

3 Octobre,  1893,  quitteront  cette  ville. 

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185 


VI.  Les  dispositions  de  1’ Article  IV  du  Traits  du 
3 Octobre,  1893,  seront  remplacees  par  celles  qni  suivent: 

Sa  Majeste  le  Roi  de  Siam  prend  l’engagement  que 
les  troupes  qu’elle  enverra  on  entretiendra  dans  tout  le 
bassin  Siamois  du  Mekong  seront  toujours  des  troupes 
de  nationality  Siamoise,  commandees  par  des  officiers  de 
cette  nationality.  II  n’est  fait  exception  a cette  regie 
qu’en  faveur  de  la  gendarmerie  Siamoise,  actuellement 
commandee  par  des  officiers  Danois.  Dans  le  cas  ou 
le  Gouvernement  Siamois  voudrait  substituer  a ces 
officiers  des  officiers  etrangers  appartenant  it  une  autre 
nationality,  il  devrait  s'entendre  au  prealable  avec  le 
Gouvernement  Fran§ais. 

En  ce  qui  concerne  les  provinces  de  Siem-Reap,  de 
Battambang,  et  de  Sisophon,  le  Gouvernement  Siamois 
s’engage  it  n'y  entretenir  que  les  contingents  de  police 
nycessaires  pour  le  maintien  de  l’ordre.  Ces  contingents 
seront  recrutes  exclusivement  sur  place  parmi  les  in- 
digynes. 

VII.  A l’avenir,  dans  la  partie  Siamoise  du  bassin  du 
Mykong,  le  Gouvernement  Royal,  s’il  desire  executer  des 
ports,  canaux,  chemins  de  fer  (notamment  des  chemins  de 
fer  destines  it  relier  la  capitale  ii  un  point  queleonque  de 
ce  bassin),  se  mettra  d’accord  avec  le  Gouvernement 
Fran^ais,  dans  le  cas  ou  ces  travaux  ne  pourraient  etre 
executes  exclusivement  par  un  personnel  et  avec  des 
capitaux  Siamois.  II  en  serait  naturellement  de  meine 
pour  l'exploitation  des  dites  entreprises. 

En  ce  qui  concerne  l’usage  des  ports,  canaux,  chemins 

de  fer,  aussi  bien  dans  la  partie  Siamoise  du  bassin  du 

Mekong  que  dans  le  reste  du  Royaume,  il  est  entendu 
2 


186 


qu'aucun  droit  differentiel  ne  pourra  etre  etabli  con- 
trairement  au  principe  de  Legality  commerciale  inscrite 
dans  les  Traites  signes  par  le  Siam. 

VIII.  En  execution  de  l’Article  V3J  du  Traite  du 
3 Octobre,  1893,  des  terrains  d’une  superficie  h determiner 
seront  concedes  par  le  Gouvernement  Siamois  au  Gouv- 
ernement  de  la  Kepublique  aux  points  suivants  situes 
sur  la  rive  droite  du  Mekong: 

Zieng-Khan,  Non-Khay,  Muong-Sauiabouri,  enbou- 
chure  du  Nam-Khan  (rive  droite  ou  rive  gauche),  Bang- 
Mouk-Dahan,  Kemmarat  et  embouchure  du  Nam-Moun 
(rive  droite  ou  rive  gauche). 

Les  deux  Gouvernements  s’entendront  pour  degager 
le  cours  du  Nam-Moun,  entre  son  confluent  avec  le 
Mekong  et  Pimoun,  des  obstacles  qui  genent  la  naviga- 
tion. Dans  le  cas  ou  ces  travaux  seraient  reconnus 
inexecutables  ou  trop  couteux,  les  deux  Gouvernements 
se  concerteraient  pour  l’etablissement  d’une  voie  terrestre 
de  communication  entre  Pimoun  et  le  Mekong. 

Ils  s’eutendront  egalement  pour  etablir  entre  Bassac 
et  la  frontiere  du  Luang-Prabang,  telle  qu’elle  resulte  de 
l’Article  II  du  present  Traite,  les  lignes  ferrees  qui 
seraient  reeonnues  necessaires  pour  suppleer  au  defaut 
de  navigability  du  Mekong. 

IX.  Des  h present  il  est  eonvenu  que  les  deux  Gouv- 
ernements faciliteront  1’etablissement  d’une  voie  ferine 
reliant  Pnom-Penh  h Battambang.  La  construction  et 
l’exploitation  seront  faites  soit  par  les  Gouvernements 
eux-memes,  chacun  d’eux  se  cliargeant  de  la  partie  qui 
est  sur  son  territoire,  soit  par  une  compagnie  Franeo- 

Siamoise  agreee  par  les  deux  Gouvernements. 

2 


187 


Les  deux  Gouvernements  sont  d'accord  sur  la  necessity 
de  faire  des  travaux  pour  ameliorer  le  cours  de  la  riviere 
de  Battambang  entre  le  Grand-Lac  et  cette  ville.  A cet 
effet  le  Gouvernement  Frangais  est  pret  a mettre  h la 
disposition  du  Gouvernement  Siamois  les  agents  tech- 
niques celui-ci  pourrait  avoir  besoin  taut  en  vue  de 
l’execution  que  de  l'entretien  des  dits  travaux. 

X.  Le  Gouvernement  de  Sa  Majeste  Siamoise  accepte 
les  listes  des  proteges  Frangais  telles  qu'elles  existent 
actuellement,  a l'exception  des  individus  dont  il  serait 
reconnu,  de  part  et  d'autre,  que  Finscription  a ete  indu- 
ment  obtenue.  Copie  de  ces  listes  sera  communiquee  aux 
autorites  Siamoises  par  les  autorites  Frangaises. 

Les  descendants  des  proteges  ainsi  maintenus  sous  la 
juridietion  Frangaise  n'auront  plus  le  droit  de  reclamer 
leur  inscription,  s'ils  ne  rentrent  pas  dans  la  categorie 
des  personnes  visees  a FArticle  suivant  de  la  presente 
Convention. 

XI.  Les  personnes  d'origine  Asiatique  nees  sur  un 
territoire  soumis  a la  domination  directe  ou  place  sous  le 
Protectorat  de  la  France,  sauf  celles  qui  ont  lixe  leur 
residence  au  Siam  avant  Fepoque  ou  le  territoire  dont 
elles  sont  originaires  a ete  place  sous  cette  domination 
ou  sous  ce  Protectorat,  auront  droit  h la  protection 
Frangaise. 

La  protection  Frangaise  sera  accordee  aux  enfants 
de  ces  personnes,  mais  ne  s’etendra  pas  a leurs  petits- 
enfants. 

XII.  En  ce  qui  concerne  la  juridietion  a laquelle 

seront  desormais  soumis,  sans  aucune  exception,  tous 
2 


188 


les  Frangais  et  proteges  Frangais  au  Siam,  les  deux 
Gouvernements  conviennent  de  substituer  aux  disposi- 
tions existantes  les  dispositions  suivantes : — 

1.  En  matiere  penale,  les  Frangais  ou  proteges  Fran- 
gais ne  seront  justiciables  que  de  l’autorite  judiciaire 
Frangaise ; 

2.  En  matiere  civile,  tout  proces  intente  par  un 
Siamois  contre  un  Frangais  ou  protege  Frangais  sera 
port£  devant  le  Tribunal  Consulaire  Frangais. 

Tout  proces  dans  lequel  le  defendeur  sera  Siamois 
sera  porte  devant  la  Cour  Siamoise  des  causes  etrangeres 
institute  ii  Bangkok. 

Par  exception,  dans  les  provinces  de  Xieng-Mai, 
Lakhon,  Lampoun,  et  Nan,  tous  les  proems  civils  et 
criminels  interessant  les  ressortissants  Frangais  seront 
portes  devant  la  Cour  Internationale  Siamoise. 

Mais  il  est  entendu  que,  dans  tous  ces  proces,  le 
Consul  de  France  aura  le  droit  d'assister  aux  audiences 
ou  de  s’y  faire  representer  par  un  Delegue  dument 
autorise  et  de  formuler  toutes  observations  qui  lui  sem- 
bleront  convenables  dans  l’interet  de  la  justice. 

Au  cas  oil  le  defendeur  serait  Frangais  ou  protege 
Frangais,  le  Consul  de  France  pourra,  ^ tout  moment  au 
cours  de  la  procedure,  s'il  le  juge  opportun  et  moyennant 
une  requisition  ecrite,  evoquer  l'atfaire  en  cause. 

Celle-ci  sera  alors  transferee  au  Tribunal  Consulaire 
Frangais,  qui  sera,  a partir  de  ee  moment,  seul  competent, 
et  auquel  les  autorites  Siamoises  seront  tenues  de  preter 
le  concours  de  leurs  bons  offices. 

Les  appels  des  jugements  rendus  tant  par  la  Cour 

des  Causes  Etrangeres  que  par  la  Cour  Internationale, 
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189 


pour  les  quatre  provinces  susmentionnees,  seront  portes 
devant  la  Cour  d’Appel  de  Bangkok. 

XIII.  En  ce  qui  concerne,  pour  l’avenir,  l’admission 
a la  protection  Franyaise  des  Asiatiques  qui  ne  sont  pas 
nes  sur  un  territoire  soumis  a l’autorite  directe  on  au 
Protectorat  de  la  France,  011  qui  ne  se  trouvent  pas 
legalement  naturalises,  le  Gouvernement  de  la  Republique 
jouira  de  droits  egaux  k ceux  que  le  Siam  accorderait  a 
toute  autre  Puissance. 

XIV.  Les  dispositions  des  anciens  Trait6s,  Accords, 
et  Conventions  entre  la  France  et  le  Siam,  non  modifiees 
par  la  presente  Convention,  restent  en  pleine  vigueur. 

XV.  En  cas  de  difficultes  d'interpretation  de  la 
pr£sente  Convention,  redigee  en  Franyais  et  en  Siamois, 
le  texte  Franyais  fera  seul  foi. 

XVI.  La  presente  Convention  sera  ratifi£e  dans  un 
delai  de  quatre  mois  k partir  du  jour  de  la  signature,  ou 
plus  tot  si  faire  se  peut. 

En  foi  de  quoi  les  Plenipotentiaires  respectifs  ont 
sign^  la  presente  Convention  et  y ont  appose  leurs  cachets. 

Fait  k Paris,  en  double  exemplaire,  le  13  Fevrier, 
1904. 

(L.  S.)  DELCASSfi. 

(L.  s.)  Phya  Suriya. 


2 


190 


Denmark, 

1905. 

Convention  between  Denmark  and  Siam  concerning 
the  Registration  of  and  Jurisdiction  over  Danish 
Subjects  in  Siam. — Signed  at  Bangkok,  March  24, 
1905. 

(Ratifications  exchanged  at  Bangkok,  May  18,  1905.) 

His  Majesty  Somdetch  Phra  Paramindr  Maha  Chula- 
longkorn,  King  of  Siam  and  all  its  dependencies,  Laos 
Chiang,  Laos  Kao,  Malays,  Kareans,  &c. ; and 

His  Majesty  Christian  IX,  King  of  Denmark,  of  the 
Vandals  and  Goths,  Duke  of  Schleswig-Holstein,  Stor- 
marn,  the  Ditmarshes,  Lauenburg  and  Oldenburg; 

Desiring  to  facilitate  and  extend  the  relations  of 
friendship  and  good  understanding  between  their  re- 
spective countries,  have  resolved  to  conclude  a Conven- 
tion concerning  the  registration  of  and  jurisdiction  over 
Danish  subjects  in  Siam,  and  have  to  that  end  appointed 
the  following  Plenipotentiaries : 

His  Majesty  the  King  of  Siam : His  Royal  Highness 
Prince  Devawongse  Varoprakar,  Minister  for  Foreign 
Affairs;  and 

His  Majesty  the  King  of  Denmark:  A.  E.  Olarovsky, 
Esquire,  Minister  Resident  of  His  Majesty  the  Emperor 
of  Russia,  charged  with  Danish  interests  in  Siam,  Com- 
mander of  the  Royal  Danish  Order  of  Danebrog; 

Who,  after  having  communicated  to  each  other  their 

respective  full  powers  and  found  them  to  be  in  good  and 

due  form,  have  agreed  upon  and  concluded  the  following 

Articles : — 

2 


191 


Art.  I.  The  registration  of  Danish  subjects  residing 
in  Siam  shall  comprise  all  persons  residing  in  Siam  upon 
whom  the  Danish  laws  confer  Danish  nationality,  and 
no  other  persons  shall  be  entitled  to  any  protection  from 
the  Danish  Government. 

II.  The  lists  registration  (sic)  shall  be  open  to  the 
inspection  of  the  Siamese  Government  on  proper  notice 
being  given. 

III.  If  any  question  arises  as  to  the  right  of  any  per- 
son to  be  registered  at  the  Danish  Consulate  or  as  to  the 
validity  of  a certificate  of  registration  issued  by  that 
Consulate,  a joint  inquiry  shall  be  held  by  the  Consul  for 
Denmark  and  a duly  authorized  representative  of  the 
Siamese  Government,  who  will  settle  the  question,  giving 
due  regard  to  the  evidence  to  be  produced  in  behalf  of 
the  validity  of  the  certificate  or  of  the  right  of  the  person 
to  be  registered. 

If  the  representative  of  the  Siamese  Government  and 
the  Consul  for  Denmark  cannot  agree,  they  shall  be  enti- 
tled to  submit  the  evidence  in  the  case  to  a third  person 
to  be  agreed  upon  by  them  both,  whose  decision  shall 
be  final. 

IV.  Should  any  action,  civil  or  criminal,  be  pending 
while  such  inquiry  is  going  on  which  by  its  nature  can- 
not be  deferred  until  the  result  of  the  inquiry  is  known, 
the  question  of  the  Court  in  which  such  action  shall  be 
heard  shall  be  determined  conjointly  by  the  Danish 
Consul  and  the  representative  of  the  Siamese  Govern- 
ment. 


2 


192 


V.  If  the  person  in  respect  of  whom  the  inquiry  is 
held  comes  within  the  conditions  for  registration  laid 
down  in  Article  I of  this  Agreement,  he  may,  if  not  yet 
registered,  forthwith  be  registered  as  a Danish  subject 
and  provided  with  a certificate  of  registration  at  the 
Danish  Consulate:  otherwise  he  will  be  recognized  as 
falling  under  Siamese  jurisdiction  and  if  already  on  the 
lists  of  the  Danish  Consulate  his  name  shall  be  erased 
therefrom. 

VI.  With  regard  to  the  jurisdiction  to  which  in  the 
future  without  any  exception  all  Danish  subjects  in  Siam 
will  be  subjected,  the  two  Governments  agree: 

(а)  — 1.  In  criminal  matters  if  the  offender  be  a 
Danish  subject,  he  shall  be  tried  and  punished  by  the 
Danish  Consular  officer. 

2.  In  civil  matters  all  actions  bi’ought  by  a Siamese 
against  a Danish  subject  shall  be  heard  before  the  Danish 
Consular  Court.  If  the  defendant  is  a Siamese,  the 
action  shall  be  heard  by  the  Siamese  Court  for  Foreign 
Causes. 

(б)  — 1.  But  all  civil  or  criminal  cases  arising  in  the 
Provinces  of  Chiengmai,  Lakhon,  Lampoon,  Pray,  and 
Nan,  brought  or  instituted  either  by  the  Siamese  Govern- 
ment or  by  Siamese  or  Foreign  subjects,  in  which  a Danish 
subject  may  be  a defendant,  and  likewise  all  civil  and 
criminal  cases  in  which  a Danish  subject  may  be  the 
plaintiff  or  complainant,  the  defendant  being  a person 
under  Siamese  jurisdiction,  shall  be  heard  before  the 
Siamese  International  Court. 


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193 


2.  In  any  of  the  cases  mentioned  in  the  last  preceding 
paragraph,  the  Danish  Consul  shall  have  the  right  to  be 
present  at  the  trial  or  to  be  represented  there  by  a duly 
authorized  delegate,  and  to  make  any  observations  which 
he  may  deem  proper  in  the  interest  of  justice. 

3.  In  cases  where  the  defendant  is  a Danish  subject, 
the  Danish  Consul  may,  at  any  stage  of  the  proceedings, 
if  he  thinks  proper,  by  means  of  a written  requisition 
evoke  the  case  before  him.  Such  case  shall  be  transferred 
to  the  Danish  Consular  Court,  which  shall  from  that  time 
alone  be  competent  to  try  the  case,  and  to  which  the 
Siamese  authorities  shall  be  bound  to  give  their  assistance. 

4.  In  all  criminal  cases  where  the  law  allows  bail,  the 
accused  shall  be  admitted  to  bail  instead  of  being 
imprisoned. 

VII.  Appeals  from  the  judgments  rendered  by  the 
Court  for  Foreign  Causes,  as  well  as  b}r  the  International 
Court  established  in  the  Provinces  of  Chiengmai,  Lakon, 
Lampoon,  Pray,  and  Nan,  shall  be  brought  before  the 
Court  of  Appeal  of  Bangkok. 

VIII.  All  enactments  in  former  Treaties,  Agreements, 
or  Conventions  between  Denmark  and  Siam  that  are  not 
modified  by  the  present  Convention  remain  in  full  force. 

IX.  The  present  Convention  shall  be  ratified  and  the 
ratifications  shall  be  exchanged  within  six  months  from 
date  of  its  signature. 

In  witness  whereof  the  respective  Plenipotentiaries 
have  signed  the  present  Convention  and  have  affixed 

thereto  their  seals. 

2 


194 


Done  at  Bangkok  in  two  copies  in  English  as  the 
language  of  communication  between  the  High  Contracting 
Parties  on  this  the  24th  day  of  March,  in  the  year  1905 
of  the  Christian  era. 

(l.  s.)  Devawongse  Vaeoprakar. 
(l.  s.)  A.  E.  Olarovsky. 


2 


195 


Italy, 

1905. 

Supplementary  Convention  between  Italy  and  Siam 
modifying  Articles  VIII  and  IX  of  the  Treaty  of 
Friendship,  Commerce,  and  Navigation  of  October  3, 
18G8. — Signed  at  Paris,  April  8,  1905. 

(Ratifications  exchanged  at  Paris,  October  7,  1905.) 

His  Majesty  the  King  of  Siam  and  His  Majesty  the 
King  of  Italy,  being  convinced  of  the  expediency  of  modi- 
fying Articles  VIII  and  IX  of  the  Treaty  of  Friendship, 
Commerce  and  Navigation  of  the  3rd  October,  1868, 
between  Siam  and  Italy,  have  resolved  to  conclude  for 
this  purpose,  a supplementary  Convention,  and  have 
appointed  as  their  Plenipotentiaries : 

His  Majesty  the  King  of  Siam : Pliya  Suriya  Nuvatr, 
his  Envoy  Extraordinary  and  Minister  Plenipotentiary 
at  Rome,  Grand  Cross  of  the  Most  Honourable  Order  of 
the  Crown  of  Siam,  Grand  Cross  of  the  Crown  of  Italy, 
&c. ; 

His  Majesty  the  King  of  Italy : his  Excellency  Count 
Giuseppe  Tornielli  Brusati  di  Vergano,  Knight  of  the 
Supreme  Order  of  the  Santissima  Annunziata,  &c.,  Am- 
bassador of  His  Majesty  the  King  of  Italy  in  France ; 

Who,  after  having  communicated  to  each  other  their 
respective  full  powers,  and  found  them  to  be  in  good  and 
due  form,  have  agreed  on  the  following  provisions : — 

Art.  I.  The  registration  according  to  Article  VIII 
of  the  Treaty  of  the  3rd  October,  1868,  of  Italian  sub- 
jects residing  in  Siam,  shall  comprise  all  persons  resid- 
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196 


ing  in  Siam  upon  whom  the  Italian  Civil  Code  con- 
fers Italian  nationality,  and  the  subjects  of  Italian 
dependencies,  and  no  other  persons  shall  be  entitled  to 
any  protection  from  the  Italian  Government. 

II.  The  lists  of  such  registration  shall  be  communi- 
cated, once  every  year,  to  the  Siamese  Government  by  the 
Italian  Legation. 

III.  With  regard  to  the  jurisdiction  to  which  in  the 
future  without  any  exception  all  Italian  subjects  in  Siam 
will  be  subjected,  the  two  Governments  agree : 

1.  In  criminal  matters,  if  the  offender  be  an  Italian 
subject,  he  shall  be  tried  and  punished  by  the  Italian 
Judicial  Consular  Officer; 

2.  In  civil  matters,  all  actions  brought  by  a Siamese 
against  an  Italian  subject  shall  be  heard  before  the 
Italian  Judicial  Consular  Officer. 

If  the  defendant  is  a Siamese,  the  action  shall  be  heard 
by  the  Siamese  Court  for  Foreign  Causes; 

3.  But  in  the  provinces  of  Chiengmai,  Lakhon,  Lam- 
poon and  Nan,  all  civil  or  criminal  cases  to  which  an 
Italian  subject  may  be  a party,  shall  be  heard  before  the 
Siamese  International  Court. 

In  any  of  the  cases  mentioned  in  paragraph  3 of  this 
Article,  the  Italian  Judicial  Consular  Officer  shall  have 
the  right  to  be  present  at  the  trial  or  to  be  represented 
there  by  a duly  authorized  delegate  and  to  make  any 
observations  which  he  may  deem  proper  in  the  interest 
of  justice. 

In  cases  where  the  defendant  is  an  Italian  subject,  the 

Italian  Judicial  Consular  Officer  may,  at  any  stage  in 

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197 


the  proceedings,  if  he  thinks  proper,  by  means  of  a 
written  requisition  evoke  the  case  before  him. 

Such  a case  shall  then  be  transferred  to  the  Italian 
Judicial  Consular  Officer,  who  shall  from  that  time  for- 
ward alone  be  competent  to  try  the  case,  and  to 
whom  the  Siamese  authorities  shall  be  bound  to  give  their 
assistance. 

Appeals  from  the  judgments  rendered  by  the  Court 
for  Foreign  Causes,  as  well  as  by  the  International 
Court  established  in  the  four  provinces  above  mentioned, 
shall  be  brought  before  the  Court  of  Appeal  in  Bangkok. 

IV.  The  present  Convention  is  made  in  the  English, 
Italian  and  Siamese  languages,  and  it  is  agreed  that  the 
English  text  shall  be  accepted  by  both  the  High  Contract- 
ing Parties  as  the  true  interpretation  of  the  meaning  of 
this  Convention. 

V.  The  present  Convention  shall  be  ratified  within 
the  period  of  six  months  beginning  from  the  date  of  the 
signature,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries 
have  signed  the  present  Convention  and  have  affixed  their 
seals. 

Done  at  Paris,  in  duplicate,  the  8th  day  of  April,  1905. 

(l.  s.)  Phya  Suriya 
(l.  s. ) G.  Tornielli. 


2 


198 


France, 

1907. 

Treaty  between  France  and  Siam  regulating  ques- 
tions CONNECTED  WITH  THE  FRONTIERS  OF  INDO-CHINA 
and  Siam,  Jurisdiction  and  the  position  of  French 
Asiatic  subjects. — Signed  at  Bangkok,  March  23, 1907. 

(Ratifications  exchanged  at  Paris,  June  21,  1907.) 

Le  President  de  la  Republique  Francaise  et  Sa  Majeste 
le  Roi  de  Siam  h la  suite  des  operations  de  delimitation 
entreprises  en  execution  de  la  Convention  du  13  Fevrier, 
1904,*  desireux  d'une  part  d'assurer  le  reglement  final 
de  toutes  les  questions  relatives  aux  frontieres  communes 
de  rindo-Cliine  et  du  Siam,  par  un  systeme  reciproque  et 
rationnel  d’echanges,  desireux  d’autre  part  de  faciliter  les 
relations  entre  les  deux  pays  par  l’introduction  progress- 
ive d’un  systeme  uniforme  de  juridietion  et  par  Pextension 
des  droits  des  ressortissants  Frangais  etablis  au  Siam, 
ont  decide  de  conclure  un  nouveau  Traite,  et  ont  nomine 
h cet  effet  pour  leurs  Plenipotentiaires,  savoir: 

M.  le  President  de  la  Republique  Francaise : R. 
Victor-Emile-Marie- Joseph  Collin  (de  Plancy),  Envoye 
Extraordinaire  et  Ministre  Plenipotentiaire  de  la  Repub- 
lique Francaise  au  Siam,  Officier  de  la  Legion  d’Honneur 
et  de  Plnstruction  Publique; 

Sa  Majeste  le  Roi  de  Siam : Con  Altesse  Royale  le 
Prince  Devawongse  Varoprakar,  Chevalier  de  l’Ordre  de 
Maha-Chakrki,  Grand  Officier  de  la  Legion  d’Honneur, 
&c.,  Ministre  des  Affaires  Etrangeres; 

*See  also  Annex  I. 

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Lesquels,  munis  de  pleins  pouvoirs,  qui  ont  ete  trouves 
en  bonne  et  du  forme,  sont  convenus  des  dispositions 
suivantes : — 

Art.  I.  Le  Gouvernement  Siamois  cede  k la  France 
les  territoires  de  Battambang,  Siem-Reap  et  Sisophon, 
dont  les  frontieres  sont  defines  (sic)  par  la  Clause  1 du 
Protocole  de  Delimitation  ci-annexe. 

II.  Le  Gouvernement  Frangais  cede  an  Siam  les  terri- 
toires de  Dan-Sal  et  de  Kratf,  dont  les  frontieres  sont 
definies  par  les  Clauses  I et  II  dudit  Protocoie,  ainsi  que 
toutes  les  lies  situees  au  sud  du  Cap  Lending  jusques 
et  y compris  Koh-Kut. 

III.  Le  remise  de  ces  territoires  aura  lieu  de  part  et 
d’autre  dans  un  delai  de  vingt  jours  apres  la  date  it 
laquelle  le  present  Traite  aura  ete  ratifie. 

IV. *  Une  Commission  Mixte,  composee  d'officiers  et 
de  fonctionnaires  Frangais  et  Siamois,  sera  nominee  par 
les  deux  pays  contractants,  dans  un  delai  de  quatre  mois 
apres  la  ratification  du  present  Traite,  et  chargee  de 
delimiter  les  nouvelles  frontieres.  File  commencera  ses 
travaux  des  que  la  saison  le  permettra  et  les  poursuivra 
en  se  conformant  au  Protocole  de  Delimitation  annexe 
au  present  Traits. 

V. f  Tons  les  Asiatiques  sujets  et  proteges  Frangais, 
qui  se  feront  inscrire  dans  les  Consulats  de  France  au 
Siam  apres  la  signature  du  present  Traite,  par  applica- 
tion de  P Article  XI  de  la  Convention  du  13  Fevrier,  1904, 
seront  justiciables  des  Tribunaux  Siamois  ordinaires. 

*See  also  Annex  I. 

fSee  also  Annex  II. 

2 


200 


La  juridiction  des  Cours  Internationales  Siamoises, 
dont  l’institution  est  prevue  par  l’Article  XII  de  la  Con- 
vention du  13  Fevrier,  1904,  sera,  dans  les  conditions 
enoncees  an  Protocole  de  Juridiction  ci-annexe,  etendue, 
dans  tout  le  Royaume  de  Siam,  aux  Asiatiques  sujets  et 
proteges  Frangais  vises  par  les  Articles  X et  XI  de  la 
meme  Convention,  et  actuellement  inscrits  dans  les  Con- 
sulats  de  France  an  Siam. 

Ce  regime  premlra  fin  et  la  competence  des  Cours 
Internationales  sera  transferee  aux  Tribunaux  Siamois 
ordinaires,  apres  la  promulgation  et  la  mise  en  vigueur 
des  Codes  Siamois  (Code  Penal,  Code  Civil  et  Commer- 
cial, Codes  de  Procedure,  Loi  d’Organisation  Judiciaire). 

VI.  Les  Asiatiques  sujets  et  proteges  Frangais 
jouiront  dans  toute  l’etendue  du  Royaume  de  Siam  des 
droits  et  prerogatives  dont  benefieient  les  nationaux  du 
pays,  notamment  des  droits  de  propriety,  de  libre  resi- 
dence et  de  libre  circulation. 

Ils  seront  soumis  aux  impots  et  prestations  ordinaires. 

Us  seront  exempts  du  service  militaire  et  ne  seront 
pas  assujettis  aux  requisitions  et  taxes  extraordinaires. 

VII.  Les  dispositions  des  anciens  Traites,  Accords  et 
Conventions  entre  la  France  et  le  Siam  non  modifies  par 
le  present  Traite  restent  en  pleine  vigueur. 

VIII.  En  cas  de  difficulty  d’interpretation  du  present 
Traite  redig6  en  Frangais  et  en  Siamois,  le  texte  Frangais 
fera  seul  foi. 

IX.  Le  present  Traits  sera  ratifie  dans  un  delai  de 
quatre  mois  h partir  du  jour  de  la  signature,  ou  plus  tot 

si  faire  se  peut. 

2 


201 


En  foi  de  quoi  les  Plenipotentiaires  respectifs  ont 
signe  le  present  Traite  et  y ont  appose  leurs  cachets. 

Fait  h Bangkok,  en  double  exemplaire,  le  23  Mars, 
1907. 

V.  Collin  (de  Plancy.) 

Devawongse  Varoprakar. 

Annexe  I. 

Protocole  concernant  la  Delimitation  des  Fron- 
TIERES,  ET  ANNEXE  AN  TRAITE  DU  23  MARS,  1907. 

En  vue  de  faciliter  les  travaux  de  la  Commission 
prevue  k l’Article  IV  du  Traite  en  date  de  ce  jour,  et  en 
vue  d’6viter  toute  possibility  de  difficulty  dans  la  delimita- 
tion, le  Gouvernement  de  la  Republique  Frangaise  et  le 
Gouvernement  de  Sa  Majeste  le  Roi  de  Siam  sont  con- 
venus  de  ce  qui  suit : — 

Clause  I. 

La  frontiere  entre  l’lndo-Chine  Frangaise  et  le  Siam 
part  de  la  mer  en  un  point  situe  en  face  du  plus  liaut 
somrnet  de  l’lle  de  Koh-Kut.  Elle  suit  k partir  de  ce 
point  une  direction  nord-est  jusqu’h  la  crbte  de  Pnom- 
Krevanh.  II  est  formellement  convenu  que,  dans  tons  les 
cas,  les  versants  est  de  ces  montagnes,  y compris  la  totalite 
du  Bassin  du  Klong-Kopo,  doivent  rester  a lTndo-Chine 
Frangaise. 

La  frontiere  suit  la  Crete  de  Pnom-Krevanli  dans  la 

direction  du  nord  jusqu’au  Pnom-Thom  qui  se  trouve  sur 

la  ligne  prineipale  de  partage  des  eaux,  entre  les  rivibres 

qui  coulent  vers  le  Golfe  de  Siam,  et  celles  qui  coulent 

vers  le  Grand-Lac.  Du  Pnom-Thom,  la  frontiere  suit 
2 


202 


d'abord  dans  la  direction  du  nord-ouest,  pnis  dans  la 
direction  du  nord,  la  limite  actuelle  entre  la  Province  de 
Battambang  d'une  part,  et  celle  de  Chantaboun  et  Kratt 
d'autre  part,  jusqu’au  point  on  cette  frontiere  coupe  la 
riviere  appel6e  Nam-Sai.  Elle  suit  alors  le  cours  de  cette 
riviere  jusqu’it  son  continent  avec  la  Riviere  de  Sisophon 
et  cette  derniere  jusqu’a  un  point  situe  a 10  kilom.  en  aval 
de  la  ville  d'Aranh.  De  ce  dernier  point  enfin,  elle  se  con- 
tinue en  droite  ligne  jusqu’a  un  point  situe  sur  les  Dang- 
Reck,  a mi-cbemin  entre  les  passes  appelees  Chong-Ta-Ivoh 
et  Chong- Sa-Met.  II  est  entendu  que  cette  derniere  ligne 
doit  laisser  en  territoire  Siamois  la  route  direete  entre 
Aranli  et  Cliong-Ta-Kok. 

A partir  du  point  ei-dessus  mentionne,  situe  sur  la 
crete  de  Dang-Reck,  la  frontiere  suit  la  ligne  de  partage 
des  eaux  entre  le  Bassin  du  Grand-Lac  et  du  Mekong 
d’une  part,  et  le  Bassin  du  Xam-Moun  d’autre  part,  et 
aboutit  au  Mekong  en  aval  de  Pak-Moun,  it  l'embouchure 
du  Huei-Doue,  eonformement  au  trace  adopte  par  la 
precedente  Commission  de  Delimitation  du  18  Janvier, 
1907. 

Un  croquis  schematique  de  la  frontiere  decrite 
ci-dessus  est  annexe  au  present  Protocole.* 

Clause  II. 

Du  cote  de  Luang-Prabang,  la  frontiere  se  detache  du 
Mekong,  au  sud,  it  l’embouchure  du  Nam-Huong,  et  suit 
le  thalweg  de  cette  riviere  jusqu'it  sa  source,  qui  se  trouve 
situ£e  au  Phu-Ivhao-Mieng.  De  lit,  la  frontiere  suit  la 
ligne  de  partage  des  eaux  entre  le  Mekong  et  la  Menam 

*Not  printed. 

2 


203 


et  aboutit  au  Mekong,  an  point  appele  Keng-Pha-Dai, 
conformement  an  trace  adopte  par  la  precedente  Com- 
mission de  Delimitation  du  16  Janvier,  1906. 

Clause  III. 

La  Commission  de  Delimitation  prevue  a 1’ Article  IV 
du  Traite  en  date  de  ce  jour  aura  it  determiner  et  b tracer, 
au  besoin  sur  le  terrain,  la  partie  de  la  frontiere  deerite 
dans  la  Clause  I du  present  Protocole.  Si,  au  cours  des 
operations  de  delimitation,  le  Gouvernement  Fran^ais 
desirait  obtenir  une  rectification  de  frontiere  dans  le  but 
de  substituer  des  lignes  naturelles  it  des  lignes  eonven- 
tionnelles,  cette  rectification  ne  pourrait  etre  faite,  dans 
aucun  cas,  au  detriment  du  Gouvernement  Siamois. 

En  foi  de  quoi  les  Plenipotentiaires  respectifs  ont 
signe  le  present  Protocole  et  y ont  appose  leurs  cachets. 

Fait  it  Bangkok,  en  double  exemplaire,  le  23  Mars, 
1907. 

V.  Collin  (de  Plancy). 
Devawongse  Varoprakar. 

Annexe  II. 

Protocole  concernant  la  Juridiction  applicable 

DANS  LE  ROYAUME  DE  SlAM  AUX  ASIATIQUES  SUJETS  ET 

Proteges  Francais,  et  annexe  au  Traite  du  23  Mars, 

1907. 

En  execution  de  P Article  V du  Traite  en  date  de  ce 

jour,  le  Gouvernement  de  la  Republique  Francaise  et  le 

Gouvernement  de  Sa  Majeste  le  Roi  de  Siam,  desireux 

de  regler  l'organisation  et  le  fonctionnement  des  Cours 

Internationales,  sont  convenus  de  ce  qui  suit : — 

2 


204 


Clause  I. 

Des  Cours  Internationales  seront  crees,  partout  oil  le 
bon  fonctionnement  de  la  justice  l’exigera,  apres  entente 
entre  le  Ministre  de  la  Republique  Frangaise  et  le  Min- 
istre  des  Affaires  Etrangbres  du  Siam. 

Clause  II. 

La  competence  des  Cours  Internationales  s’etend : 

1.  En  matiere  civile:  a toutes  matieres  eiviles  ou  com- 
merciales  dans  lesquelles  des  Asiatiques  sujets  ou  pro- 
teges Frangais  seront  en  cause : 

2.  En  matiere  penale : aux  infractions  de  toute  nature 
commises  soit  par  des  Asiatiques  sujets  ou  proteges  Fran- 
gais, soit  & leur  prejudice. 

Clause  III. 

Dans  les  Provinces  d’Udorn  et  d'Isarn,  la  juridiction 
des  Cours  Internationales  s’etendra  provisoirement  h tous 
les  Asiatiques  sujets  et  proteges  Frangais,  quelle  que  soit 
la  date  de  leur  inscription  sur  les  registres  des  Consulats 
de  France. 


Clause  IV. 

Le  droit  d’evocation  s’exercera  conformement  aux  dis 
positions  de  l’Artiele  XII  de  la  Convention  du  13  Fevrier, 
1904. 

Toutefois,  ce  droit  cessera  de  s’exercer  pour  toutes 

matures  qui  feront  Tobjet  de  Codes  ou  de  Lois  reguliere- 

ment  promulguees  des  que  ces  Codes  ou  ces  Lois  auront 

6t6  communiques  a la  Legation  de  France,  et  qu’ils  auront 

ete  mis  en  vigueur. 

2 


205 


Une  entente  interviendra  entre  le  Ministere  des 
Affaires  Etrangeres  et  la  Legation  de  Fiance  pour  le 
reglement  des  affaires  pendantes  au  moment  oil  les  dits 
Codes  ou  Lois  entreront  en  vigueur. 

Clause  V. 

Toutes  requetes  ii  fin  d’appel  contre  les  jugements  des 
Cours  Internationales  de  Premiere  Instance  seront  com- 
muniquees  au  Consul  de  France,  qui  aura  le  droit  de 
donner  sur  l’affaire  un  avis  ecrit  pour  etre  joint  au 
dossier. 

L’arret  d’appel  devra  porter  la  signature  de  deux 
Juges  Europeens. 


Clause  VI. 

U11  recours  en  cassation  sera  ouvert  contre  les  arrets 
des  Cours  d’Appel.  Ce  recours  pourra  s’exercer  pour 
l’incompetence,  abus  de  pouvoir,  et  general ement  pour 
toutes  violations  de  la  loi. 

11  sera  juge  par  la  Cour  Supreme,  ou  San  Dika. 

Clause  VII. 

Quelle  que  soit  la  juridiction  saisie  d'une  affaire  civile 
ou  penale,  Fexception  d’incompetence  deduite  des  regies 
posees  par  le  Traite  en  date  de  ce  jour  devra  etre  proposee 
avant  tout  defense  au  fond. 

E11  foi  de  quoi  Plenipotentiaires  respectifs  out  signe 
le  present  Protocole  et  y out  appose  leurs  cachets. 

Fait  a Bangkok,  en  double  exemplaire,  le  23  Mars, 
1907. 

V.  Collin  (de  Plancy). 

Devawongse  Varoprakar. 

2 


206 


Annexe  III. 

Accord  r£glant  le  Regime  des  Concessions  ATTRI- 
BUTES AU  GOUVERNEMENT  DE  LA  RTPUBLIQUE  FrANQAISE 

sur  la  Rive  droite  du  Mekong,  en  execution  de 
l' Article  VIII  de  la  Convention  de  Fevrier,  1904. 

Clause  I. 

En  execution  (le  1’ Article  VIII  de  la  Convention  du 
13  Fevrier,  1904,  le  Gouvernement  Siamois  cede  k bail 
au  Gouvernement  General  de  l'lndo-Chine,  qui  y consent, 
des  terrains  libres  de  toute  servitude,  active  ou  passive, 
sit  lies  a Xieng-Khan,  Nong  Khay,  Muong-Saniabouri, 
embouchure  du  Nam-Khan,  Ban-Mouk-Dahan,  Kemmarat 
et  Pak-Mam,  et  dont  les  plans  et  descriptions  sont  annexes 
au  present  Accord.* 

Clause  II. 

Les  baux  sont  consentis  pour  une  periode  de  cinquante 
ans,  renouvelable  pour  une  periode  egale  au  gre  du 
Gouvernement  General  de  l’lndo-Chine. 

Clause  III. 

Le  Gouvernement  General  de  l'lndo-Chine  payera 
annuellement  au  Gouvernement  Siamois,  a partir  du  ler 
Janvier,  1908,  un  loyer  nominal  de  1 tieal  par  hectare  et 
par  fraction  d'hectare. 


Clause  IV. 

Conformement  a l’Article  VI  du  Traite  du  3 Octobre, 
1S93,  et  a l’Article  VIII  de  la  Convention  du  13  Fevrier, 
1904,  les  Concessions  sont  destinees  exclusivement  a 
faciliter  la  navigation  commerciale. 

*Not  printed. 

2 


207 


Les  etablissements  suivants  pourront  y etre  crees : 

Depots  de  bois  de  chauffage  et  de  charbon ; 

Depots  de  material,  tels  que  bois  de  charpente,  fers, 
bambous,  dynamite,  &c*. ; 

Magasins  pour  les  marchindises  (sic)  en  transit; 

Logements  pour  les  passagers  et  pour  les  equipages 
des  pirogues  et  des  clialoupes; 

Logements  et  bureaux  pour  le  personnel  des  Com- 
pagnies  de  Navigation  et  des  Travaux  Publics; 

fitablissements  commereiaux,  a la  condition  expresse 
qu’il  ne  s’y  fasse  aucun  commerce  de  spiritueux,  d’opium, 
d’armes,  et  de  munitions. 

Les  terrains  des  Concessions  sont  soumis  a la  juridic- 
tion  Siamoise,  telle  qu’elle  s’exerce  dans  le  reste  du 
Royaume  conformement  aux  Traites  conclus  entre  la 
France  et  le  Siam. 

Fait  a Bangkok,  en  double  exemplaire,  le  23  Mars, 
1907. 

Chatide  J. 

Bernard. 

V.  Collin  (de  Plancy). 

Devawongse. 


2 


208 


France, 

1908. 

French  Decree  relating  to  the  Organization  of 
Criminal  Jurisdiction  in  Siam  as  affecting  French 

SUBJECTS  AND  PROTECTED  PERSONS  OF  ASIATIC  ORIGIN. — 
Paris,  September  17,  1908.* 

Rapport  au  President  de  la  Republique  frangaise. 

Paris,  le  17  septembre,  1908. 

M.  Le  President, 

Les  modifications  profondes  apportees  a nos  droits  de 
juri diction  an  Siam  par  la  Convention  et  le  traite  conclus 
le  13  fevrier,  1904,  et  le  23  mars,  1907,  entre  le  Gouverne- 
ment  de  la  Republique  et  le  Gouvernement  siamois  ont 
rendu  necessaire  l’extension  des  ponvoirs  accordes 
jusqu’ici,  par  les  lois  existantes,  ii  nos  consuls  etablis  dans 
le  royaume. 

Coniine  toutes  les  Puissances  arrivees  ii  un  certain  degre 
de  civilisation,  le  Siam  a souhaite  reprendre  les  droits  de 
juridiction  abandonnes  par  lui  en  d’autres  temps,  aux  na- 
tions europeennes.  Contre  la  cession  de  certains  avantages 
territoriaux,  le  dernier  accord  consacre  l’abandon  de  nos 
privileges  en  ce  qui  concerne  les  sujets  et  proteges 
frangais  d'origine  asiatique  resident  au  Siam,  qui  se 
trouvent  desorinais  sou  mis  au  jugement  des  tribunaux 
locaux.  Toutefois,  par  exception,  ceux  d’entre  eux 
inscrits  dans  nos  consulats  avant  le  23  mars,  1907,  et  tous 
ceux  etablis  dans  les  provinces  d’Udorn  et  d’Isarn  jouis- 


*“Journal  officiel,”  1908.  No.  256. 


209 


sent  (Tun  regime  special  jusqu’au  moment  tie  la  promul- 
gation et  de  la  mise  en  vigeur  des  differents  codes  siamois. 

D'apres  ce  systeme,  tous  ces  sujets  et  proteges  devien- 
nent  provisoirement  justiciables  des  cours  dites  inter- 
national ; mais  dans  tous  les  proces  les  interessant,  nos 
consuls  ont  le  droit  d'assister  aux  audiences  ou  de  s’y 
faire  representer  par  un  delegue,  de  formuler  toutes  les 
observations  qui  leur  semblent  convenables  et  enfin,  si 
notre  ressortissant  est  defendeur,  d’evoquer  l’affaire  a 
tout  moment  de  la  procedure.  Le  droit  ainsi  consenti  par 
le  Gouvernement  siamois  est  apparu  comme  la  contre- 
partie  necessaire  de  la  renonciation  que  nous  consentions 
ii  nos  anciens  privileges. 

II  nous  off  re,  en  effet,  une  double  garantie  que  justice 
sera  rendue  dorenavant  comme  par  le  passe  a nos  proteges. 
D’une  part,  le  droit  d’evocation  conserve  toujours  a nos 
agents  la  faeulte  de  juger  eux-memes,  quand  notre  sujet  ou 
protege  est  defendeur,  mais  surtout  le  desir  du  Siam  de 
reprendre  la  pleine  possession  de  sa  souverainete,  assure 
i\  nos  ressortissants  les  faveurs  des  cours  siamoises  qui 
ne  voudront  pas  risquer  de  voir  l’affaire  evoquee  ou  le 
jugement  critique  par  l’autorite  consulaire. 

Mais  encore  faut-il,  au  cas  oil  nous  serions  dans 

l’obligation  de  recourir  i\  cette  mesure  que  nos  agents 

en  aient  la  possibility,  et  ne  se  trouvent  pas  empeches,  le 

moment  venu,  d'y  avoir  recours,  par  suite  du  defaut  de 

texte.  Or,  en  l’etat  actuel,  les  dispositions  de  notre 

legislation  reglant  le  fonctionnement  de  la  juridiction 

consulaire,  specialement  les  lois  des  28  mai,  1S36,  18  mai, 

1858,  et  avril,  1869,  en  rendent  difficile  l’application.  Si 

nos  tribunaux  consulaires  sont  aptes  it  juger  toutes  les 

matieres  civiles,  en  matiere  penale,  ils  ne  sont  competent^ 
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210 


que  pour  les  contraventions  de  simple  police  et  les  delits. 
Pour  les  crimes,  au  contraire,  la  loi  du  28  avril,  1869, 
prescrit  que  Faccuse  soit  renvoye  devant  les  juges  de 
Saigon. 

Cette  regie  de  competence  qui  pouvait  etre  sans  con- 
sequence lorsque  nos  consuls  se  trouvaient  de  plein  droit 
saisis  des  causes  interessant  leurs  ressortissant,  apparait 
pleine  d'inconvenients  lorsque,  coniine  il  arrive  main- 
tenant,  c’est  un  acte  emanant  de  leur  initiative  qui  des- 
saisit  les  tribunaux  ordinaires  au  profit  des  notres.  C’est 
en  ce  cas  qu’il  importerait  de  bien  etablir  aux  yeux  de 
tous  la  superiority  de  notre  justice.  Et  c’est  alors  que,  les 
affaires  criminelles  les  plus  graves,  celles  qui  out  le  plus 
de  retentissemeut  et  qui  frappent  le  plus  vivement  les 
imaginations,  devront  etre  renvoyees  devant  un  tribunal 
lointain. 

Dans  un  pays  ou  plus  qu’en  tout  autre  la  repression, 
pour  etre  efficace,  doit  presenter  des  qualites  de  rapidity 
et  de  publicity  speciales  on  risque  de  donner  au  droit 
Revocation  le  caractere  d'un  veritable  deni  de  justice. 

Dans  ces  conditions,  le  Garde  des  Sceaux  et  moi  avons 
ete  amenes  a saisir  le  Parlement  d'un  projet  de  loi  “nous 
autorisant  ii  determiner  les  conditions  d'application  de 
l’article  V du  traite  franco-siamois  du  23  mars,  1907,  en 
ce  qui  touche  la  poursuite,  Finstruction  et  le  mode  de 
jugement  des  crimes  dont  la  connaissance  est  attribuee 
par  ledit  article  a l’autorite  judiciaire  fran^aise,  ainsi 
que  la  composition  du  tribunal  consulaire,  lorsq’il  sera 
appele  it  sieger  coniine  juridiction  criminelle.”  Ce  texte 
a ete  successivement  adopte  par  les  deux  Cliambres. 

Nos  administrations  se  sont  aussitot  aiipliquees  it 
preparer  le  projet  du  decret  prevu  par  cette  loi,  en  s’appli- 


211 


quant  & donner  a nos  consuls  au  Siam  un  texte  clair  et 
precis,  qui  leur  permette  de  juger  sur  place,  sans  compli- 
cations inutiles,  les  causes  qu’ils  auront  cru  devoir 
evoquer.  Le  Conseil  d’fitat  ayant  approuve  ce  projet 
dans  sa  seance  du  6 de  ce  mois,  nous  avons  l’honneur  de 
le  soumettre  a votre  signature. 

Le  Ministre  des  Affaires  fitrangeres, 

S.  Pichon. 

Le  Garde  des  Sceaux, 

Ministre  de  la  Justice  et  des  Cultes, 

A.  Briand. 


TlTRE  I.  POURSUITE  DES  CRIMES  ET  COMPOSITION  DES 
JURIDICTIONS  CON SULAIRES. 

Art.  ler.  En  cas  de  poursuites  intentees  par  les 
autorites  siamoises  en  raison  de  crimes  commis  sur  le 
territoire  du  Royaume  de  Siam,  les  affaires  peuvent  etre 
evoquees  par  les  consuls  de  France,  lorsque  ces  crimes 
sont  imputes : 

(1)  A des  sujets  ou  proteges  frangais  d’origine 
asiatique  inscrits  dans  les  consulats  de  France  avant  le 
23  mars,  1907; 

(2)  Exceptionnellement,  dans  les  provinces  d’Udorn 
et  d'Isarn,  a des  sujets  et  proteges  frangais,  quelle  que 
soit  leur  date  description. 

2.  Les  affaires  criminelles  ainsi  evoquees  sont  jugees 
en  premier  ressort  par  la  cour  consulaire  de  Bangkok  et 
les  tribunaux  consulaires  de  l’interieur. 

******* 


2 


212 


Great  Britain, 

1909. 

Treaty  and  Notes  between  Great  Britain  and  Siam 

REGARDING  THE  CESSION  AND  BOUNDARIES  OF  THE  SIAMESE 

Malay  States,  the  Jurisdiction  of  the  Siamese  Courts, 
and  the  Non-Cession,  &g\,  of  Siamese  Territory. — 
Signed  at  Bangkok,  March  10,  1909. 

(Ratifications  exchanged  at  London,  July  9,  1909.) 

His  Majesty  the  King  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  and  of  the  British  Dominions  be- 
yond the  Seas,  Emperor  of  India,  and  His  Majesty  the 
King  of  Siam,  being  desirous  of  settling  various  ques- 
tions which  have  arisen  affecting  their  respective 
dominions,  have  decided  to  conclude  a Treaty,  and  have 
appointed  for  this  purpose  as  their  Plenipotentiaries: 

His  Majesty  the  King  of  Great  Britain : Ralph  Paget, 
Esq.,  His  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary, &c. ; 

His  Majesty  the  King  of  Siam : His  Royal  Highness 
Prince  Devawongse  Varoprakar,  Minister  of  Foreign 
Affairs,  &c. ; 

Who,  after  having  communicated  to  each  other  their 
respective  full  powers,  and  found  them  to  be  in  good  and 
due  form,  have  agreed  upon  and  concluded  the  follow- 
ing Articles : 

Art.  I.  The  Siamese  Government  transfers  to  the 
British  Government  all  rights  of  suzerainty,  protection, 
administration  and  control  whatsoever,  which  they 


213 


possess  over  the  States  of  Kelantan,  Tringganu,  Kedah, 
Perlis  and  adjacent  islands.  The  frontiers  of  these  ter- 
ritories are  defined  by  the  Boundary  Protocol  annexed 
hereto.* 

II.  The  transfer  provided  for  in  the  preceding  Article 

ft 

shall  take  place  within  thirty  days  after  the  ratification 
of  this  Treaty. 

III.  A mixed  commission,  composed  of  Siamese  and 
British  officials  and  officers,  shall  be  appointed  within 
six  months  after  the  date  of  ratification  of  this  Treaty, 
and  shall  be  charged  with  the  delimitation  of  the  new 
frontier.  The  work  of  the  commission  shall  be  com- 
menced as  soon  as  the  season  permits,  and  shall  be 
carried  out  in  accordance  with  the  Boundary  Protocol 
annexed  hereto. 

Subjects  of  His  Majesty  the  King  of  Siam  residing 
within  the  territory  described  in  Article  I,  who  desire 
to  preserve  their  Siamese  nationality,  will,  during  the 
period  of  six  months  after  the  ratification  of  the  present 
Treaty,  be  allowed  to  do  so  if  they  become  domiciled  in 
the  Siamese  dominions.  His  Britannic  Majesty’s  Gov- 
ernment undertake  that  they  shall  be  at  liberty  to  retain 
their  immovable  property  within  the  territory  described 
in  Article  I. 

It  is  understood  that,  in  accordance  with  the  usual 
custom  where  a change  of  suzerainty  takes  place,  any 
concessions  within  the  territories  described  in  Article  I 
hereof  to  individuals  or  companies,  granted  by  or  with 
the  approval  of  the  Siamese  Government,  and  recognized 

* Annex  1. 

2 


214 


by  them  as  still  in  force  on  the  date  of  the  signature  of 
the  Treaty,  will  be  recognized  by  the  Government  of  His 
Britannic  Majesty. 

IY.  His  Britannic  Majesty’s  Government  undertake 
that  the  Government  of  the  Federated  Malay  States  shall 
assume  the  indebtedness  to  the  Siamese  Government  of 
the  territories  described  in  Article  I. 

V.  The  jurisdiction  of  the  Siamese  International 
Courts,  established  by  Article  VIII  of  the  Treaty  of  the 
3rd  September,  1883,  shall,  under  the  conditions  defined 
in  the  Jurisdiction  Protocol,  annexed  hereto,*  be  extended 
to  all  British  subjects  in  Siam,  registered  at  the  British 
consulates  before  the  date  of  the  present  Treaty. 

This  system  shall  come  to  an  end,  and  the  jurisdiction 
of  the  International  Courts  shall  be  transferred  to  the 
ordinary  Siamese  Courts  after  the  promulgation  and  the 
coming  into  force  of  the  Siamese  codes,  namely,  the  Penal 
Code,  the  Civil  and  Commercial  Codes,  the  Codes  of 
Procedure  and  the  Law  for  Organisation  of  Courts. 

All  other  British  subjects  in  Siam  shall  be  subject 
to  the  jurisdiction  of  the  ordinary  Siamese  Courts  under 
the  conditions  defined  in  the  Jurisdiction  Protocol. 

VI.  British  subjects  shall  enjoy  through  the  whole 
extent  of  Siam  the  rights  and  privileges  enjoyed  by  the 
natives  of  the  country,  notably,  the  right  of  property,  the 
right  of  residence  and  travel. 

They  and  their  property  shall  be  subject  to  all  taxes 
and  services,  but  these  shall  not  be  other  or  higher  than 

*Annex  2. 

2 


215 


the  taxes  and  services  which  are  or  may  be  imposed  by  law 
on  Siamese  subjects.  It  is  particularly  understood  that 
the  limitation  in  the  agreement  of  the  20th  September, 
1900,  by  which  the  taxation  of  land  shall  not  exceed 
that  on  similar  land  in  Lower  Burinah,  is  hereby 
removed. 

British  subjects  in  Siam  shall  be  exempt  from  all 
military  service,  either  in  the  army  or  navy,  and  from  all 
forced  loans  or  military  exactions  or  contributions. 

VII.  The  provisions  of  all  Treaties,  Agreements,  and 
Conventions  between  Great  Britain  and  Siam,  not  modi- 
fied by  the  present  Treaty,  remain  in  full  force. 

VIII.  The  present  Treaty  shall  be  ratified  within  four 
months  from  its  date. 

In  witness  whereof  the  respective  Plenipotentiaries 
have  signed  the  present  Treaty  and  affixed  their  seals. 

Done  at  Bangkok,  in  duplicate,  the  10th  day  of  March, 
in  the  year  1909. 

(l.  s.)  Ralph  Paget. 

(l.  s.)  Devawongse  Varoprakar. 

Annex  1. 

Boundary  Protocol  annexed  to  the  Treaty  dated 
March  10,  1909. 

The  frontiers  between  the  territories  of  His  Majesty 
the  King  of  Siam  and  the  territory  over  which  his 
suzerain  rights  have  by  the  present  Treaty  been  trans- 
ferred to  His  Majesty  the  King  of  Great  Britain  and  Ire- 
land are  as  follows : — 
z 


216 


Commencing  from  the  most  seaward  point  of  the 
northern  bank  of  the  estuary  of  the  Perlis  River  and 
thence  north  to  the  range  of  hills  which  is  the  watershed 
between  the  Perlis  River  on  the  one  side  and  the  Pujoh 
River  on  the  other;  then  following  the  watershed  formed 
by  the  said  range  of  hills  until  it  reaches  the  main  water- 
shed or  dividing  line  between  those  rivers  which  flow  into 
the  Gulf  of  Siam  on  the  one  side  and  into  the  Indian 
Ocean  on  the  other;  following  this  main  watershed  so  as 
to  pass  the  sources  of  the  Sungei  Patani,  Sungei  Telubin, 
and  Sungei  Perak,  to  a point  which  is  the  source  of  the 
Sungei  Pergau ; then  leaving  the  main  watershed  and 
going  along  the  watershed  separating  the  waters  of  the 
Sungei  Pergau  from  the  Sungei  Telubin  to  the  hill  called 
Rukit  Jeli  or  the  source  of  the  main  stream  of  the  Sungei 
Golok.  Thence  the  frontier  follows  the  thalweg  of  the 
main  stream  of  the  Sungei  Golok  to  the  sea  at  a place 
called  Kuala  Tabar. 

This  line  will  leave  the  valleys  of  the  Sungei  Patani, 
Sungei  Telubin,  and  Sungei  Tanjung  Mas  and  the  valley 
on  the  left  or  west  bank  of  the  Golok  to  Siam,  and  the 
whole  valley  of  the  Perak  River  and  the  valley  on  the 
right  or  east  bank  of  the  Golok  to  Great  Britain. 

Subjects  of  each  of  the  parties  may  navigate  the  whole 
of  the  waters  of  the  Sungei  Golok  and  its  affluents. 

The  island  known  as  Pulo  Langkawi,  together  with  all 
the  islets  south  of  mid-channel  between  Terutau  and 
Langkawi,  and  all  the  islands  south  of  Langkawi  shall 
become  British.  Terutau  and  the  islets  to  the  north  of 
mid-channel  shall  remain  to  Siam. 

With  regard  to  the  islands  close  to  the  west  coast, 

those  lying  to  the  north  of  the  parallel  of  latitude  where 

2 


217 


the  most  seaward  point  of  the  north  bank  of  the  estuary 
of  the  Perlis  River  touches  the  sea  shall  remain  to  Siam, 
and  those  lying  to  the  south  of  that  parallel  shall  become 
British. 

All  Islands  adjacent  to  the  eastern  States  of  Kelantan 
and  Tringganu,  south  of  a parallel  of  latitude  drawn  from 
the  point  where  the  Sungei  Golok  reaches  the  coast  at  a 
place  called  Kuala  Tabar,  shall  be  transferred  to  Great 
Britain,  and  all  islands  to  the  north  of  that  parallel  shall 
remain  to  Siam. 

A rough  sketch  of  the  boundary  herein  described  is 
annexed  hereto.* 

2.  The  above-described  boundary  shall  be  regarded  as 
final,  both  by  the  Government  of  His  Britannic  Majesty 
and  that  of  Siam,  and  they  mutually  undertake  that,  so 
far  as  the  boundary  effects  any  alteration  of  the  existing 
boundaries  of  any  State  or  province  no  claim  for  com- 
pensation on  the  ground  of  any  such  alteration  made  by 
any  State  or  province  so  affected  shall  be  entertained  or 
supported  by  either. 

3.  It  shall  be  the  duty  of  the  Boundary  Commission, 
provided  for  in  Article  III  of  the  Treaty  of  this  date,  to 
determine  and  eventually  mark  out  the  frontier  above 
described. 

If  during  the  operations  of  delimitation  it  should 
appear  desirable  to  depart  from  the  frontier  as  laid  down 
herein,  such  rectification  shall  not,  under  any  circum- 
stances, be  made  to  the  prejudice  of  the  Siamese  Govern- 
ment. 

*Map  not  reproduced. 

2 


218 


In  witness  whereof  the  respective  Plenipotentiaries 
have  signed  the  present  Protocol  and  affixed  their  seals. 

Done  at  Bangkok,  in  duplicate,  the  10th  day  of  March, 
1909. 

( l.  s. ) Ralph  Paget. 

(l.  s.)  Devawongse  Varoprakar. 

Annex  2. 

Protocol  concerning  the  Jurisdiction  applicable  in 
the  Kingdom  of  Siam  to  British  Subjects,  and  an- 
nexed to  the  Treaty  dated  March  10,  1909. 

Sec.  1.  International  Courts  shall  be  established  at 
such  places  as  may  seem  desirable  in  the  interests  of 
the  good  administration  of  justice;  the  selection  of  these 
places  shall  form  the  subject  of  an  understanding  be- 
tween the  British  Minister  at  Bangkok  and  the  Siamese 
Minister  for  Foreign  Affairs. 

2.  The  jurisdiction  of  the  International  Courts  shall 
extend — 

(1)  in  civil  matters:  To  all  civil  and  commercial 
matters  to  which  British  subjects  shall  be  parties. 

(2)  In  penal  matters:  To  breaches  of  law  of  every 
kind,  whether  committed  by  British  subjects  or  to  their 
injury. 

3.  The  right  of  evocation  in  the  International  Courts 
shall  be  exercised  in  accordance  with  the  provisions  of 
Article  VIII  of  the  Treaty  of  the  3rd  September,  1883. 

The  right  of  evocation  shall  cease  to  be  exercised  in 

all  matters  coming  within  the  scope  of  codes  or  laws 

regularly  promulgated  as  soon  as  the  text  of  such  codes 
2 


219 


or  laws  shall  have  been  communicated  to  the  British 
Legation  in  Bangkok.  There  shall  be  an  understand- 
ing between  the  Ministry  for  Foreign  Affairs  and 
the  British  Legation  at  Bangkok  for  the  disposal  of 
cases  pending  at  the  time  that  the  said  codes  and  laws 
are  communicated. 

4.  In  all  cases,  whether  in  the  International  Courts 
or  in  the  ordinary  Siamese  Courts  in  which  a British 
subject  is  defendant  or  accused,  a European  legal  adviser 
shall  sit  in  the  Court  of  First  Instance. 

In  cases  in  which  a British-born  or  naturalized  sub- 
ject not  of  Asiatic  descent  may  be  a party,  a European 
adviser  shall  sit  as  a Judge  in  the  Court  of  First  In- 
stance, and  where  such  British  subject  is  defendant  or 
accused  the  opinion  of  the  adviser  shall  prevail. 

A British  subject  who  is  in  the  position  of  defendant 
or  accused  in  any  case  arising  in  the  provinces  may 
apply  for  a change  of  venue,  and  should  the  Court  con- 
sider such  change  desirable  the  trial  shall  take  place 
either  at  Bangkok  or  before  the  Judge  in  whose  Court 
the  case  would  be  tried  at  Bangkok.  Notice  of  any  such 
application  shall  be  given  to  the  British  Consular  officer. 

5.  Article  IX  of  the  Treaty  of  the  3rd  September, 
1883,  is  repealed. 

Appeals  against  the  decisions  of  the  International 
Courts  of  First  Instance  shall  be  adjudged  by  the  Siam- 
ese Court  of  Appeal  at  Bangkok.  Notice  of  all  such 
appeals  shall  be  communicated  to  His  Britannic  Maj- 
esty’s Consul,  who  shall  have  the  right  to  give  a written 

opinion  upon  the  case  to  be  annexed  to  the  record. 

•z 


220 


The  judgment,  on  appeal  from  either  the  Interna- 
tional Courts  or  the  ordinary  Siamese  Courts  shall  bear 
the  signature  of  two  European  Judges. 

6.  An  appeal  on  a question  of  law  shall  lie  from  the 
Court  of  Appeal  at  Bangkok  to  the  Supreme  or  Dika 
Court. 

7.  No  plea  of  want  of  jurisdiction  based  on  the  rules 
prescribed  by  the  present  Treaty  shall  be  advanced  in 
any  Court  after  a defence  on  the  main  issue  has  been 
offered. 

8.  In  order  to  prevent  difficulties  which  may  arise 
in  future  from  the  transfer  of  jurisdiction  contemplated 
by  the  present  Treaty  and  Protocol,  it  is  agreed — 

(a)  All  cases  in  which  action  shall  be  taken  subse- 
quently to  the  date  of  the  ratification  of  this  Treaty 
shall  be  entered  and  decided  in  the  competent  Interna- 
tional or  Siamese  Court,  whether  the  cause  of  action 
arose  before  or  after  the  date  of  ratification. 

(b)  All  cases  pending  in  His  Britannic  Majesty’s 
Courts  in  Siam  on  the  date  of  the  ratification  of  this 
Treaty  shall  take  their  usual  course  in  such  Courts  and 
in  any  Appeal  Court  until  such  cases  have  been  finally 
disposed  of,  and  the  jurisdiction  of  His  Britannic  Maj- 
esty’s Courts  shall  remain  in  full  force  for  this  purpose. 

The  execution  of  the  judgment  rendered  in  any  such 
pending  case  shall  be  carried  out  by  the  International 
Courts. 

In  witness  whereof  the  respective  Plenipotentiaries 

have  signed  the  present  Protocol  and  affixed  their  seals. 

2 


221 


Done  at  Bangkok,  in  duplicate,  the  10th  day  of 
March,  1909. 

( l.  s. ) Ralph  Paget. 

(l.  s.)  Devawongse  Yaroprakar. 

Annex  3. 

Mr.  Paget  to  Prince  Devawongse. 

March  10,  1909. 

M.  Le  Ministre, 

In  view  of  the  position  of  British  possessions  in  the 
Malay  Peninsula  and  of  the  contiguity  of  the  Siamese 
Malay  provinces  with  British-protected  territory,  His 
Majesty’s  Government  are  desirous  of  receiving  an  as- 
surance that  the  Siamese  Government  will  not  permit  any 
danger  to  arise  to  British  interests  through  the  use  of 
any  portion  of  the  Siamese  dominions  in  the  peninsula 
for  military  or  naval  purposes  by  foreign  Powers. 

His  Majesty’s  Government  would  therefore  request 
that  the  Siamese  Government  shall  not  cede  or  lease, 
directly  or  indirectly,  to  any  foreign  Government  any  ter- 
ritory situated  in  the  Malay  Peninsula  south  of  the  south- 
ern boundary  of  the  Monthon  of  Rajaburi,  or  in  any  of 
the  islands  adjacent  to  the  said  territory;  also  that  within 
the  limits  above  mentioned  a right  to  establish  or  lease 
any  coaling  station,  to  build  or  own  any  construction  or 
repairing  docks,  or  to  occupy  exclusively  any  harbours 
the  occupation  of  which  would  be  likely  to  be  prejudicial 
to  British  interests  from  a strategic  point  of  view,  shall 
not  be  granted  to  any  foreign  Government  or  company. 

Since  this  assurance  is  desired  as  a matter  of  political 

expediency  only,  the  phrase  “coaling  station'’  would  not 
2 


222 


be  held  to  include  such  small  deposits  of  coal  as  may  be 
required  for  the  purposes  of  the  ordinary  shipping  en- 
gaged in  the  Malay  Peninsula  coasting  trade. 

Ralph  Paget. 

Prince  Devawongse  to  Mr.  Paget. 

Foreign  Office,  Bangkok, 
March  10,  1909. 

M.  Le  Ministre, 

I have  the  honour  to  acknowledge  receipt  of  your  note 
of  this  date,  in  which  you  express  the  desire  of  your  Gov- 
ernment that  the  Siamese  Government  shall  not  cede  or 
lease,  directly  or  indirectly,  to  any  foreign  Government 
any  territory  situated  in  the  Malay  Peninsula  south  of 
the  southern  boundary  of  the  Monthon  of  Rajaburi  or 
in  any  of  the  islands  adjacent  to  the  said  territory;  also 
that  within  the  limits  above  mentioned  a right  to  estab- 
lish or  lease  any  coaling  station,  to  build  or  own  any  con- 
struction or  repairing  docks,  or  to  occupy  exclusively  any 
harbours  the  occupation  of  which  would  be  likely  to  be 
prejudicial  to  British  interests  from  a strategic  point  of 
view,  shall  not  be  granted  to  any  foreign  Government  or 
company. 

In  reply,  I beg  to  say  that  the  Siamese  Government 
gives  its  assurance  to  the  above  effect,  taking  note  that 
the  phrase  “coaling  station'’  shall  not  include  such  small 
deposits  of  coal  as  may  be  required  for  the  purposes  of 
the  ordinary  shipping  engaged  in  the  Malay  Peninsula 
coasting  trade. 

I avail,  &c., 

Devawongse, 

Minister  for  Foreign  Affairs. 


2 


223 


Annex  4. 

Prince  Devawongse  to  Mr.  Paget. 

Foreign  Office,  Bangkok, 
March  10,  1909. 

M.  Le  Ministre, 

With  reference  to  the  provision  contained  in  Article 
4 of  the  Jurisdiction  Protocol  to  the  effect  that  in  all  cases 
in  which  a British  subject  is  defendant  or  accused  a Euro- 
pean adviser  shall  sit  in  Court,  I would  express  the  hope, 
on  behalf  of  His  Majesty’s  Government,  that  His  Britan- 
nic Majesty’s  Government  will  be  prepared  in  due  course 
to  consider  the  question  of  a modification  of  or  release 
from  this  guarantee  when  it  shall  be  no  longer  needed; 
and,  moreover,  that  in  any  negotiations  in  connection 
with  such  a modification  or  release  the  matter  may  be 
treated  upon  its  merits  alone,  and  not  as  a consideration 
for  which  some  other  return  should  be  expected. 

The  Siamese  Government  appreciates  that  a Treaty 
like  the  one  signed  to-day  marks  an  advance  in  the  admin- 
istration of  justice  in  the  kingdom.  The  conclusion  of 
such  a Treaty  is  in  itself  a sign  of  progress.  It  is  the  in- 
tention of  the  Siamese  Government  to  maintain  the  high 
standard  in  the  administration  of  justice  which  it  has 
set  before  it,  and  towards  which  it  has  been  working  for 
some  time. 

In  this  connection  I take  pleasure  in  acknowledging 
the  contribution  which  Mr.  J.  Stewart  Black  has  made 
to  this  work. 

I wish  also  to  say  that  provision  will  be  made  for  the 

treatment  of  European  prisoners  according  to  the  stand- 

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224 


ard  usual  for  such  prisoners  in  Burmah  and  the  Straits 
Settlements. 

I avail,  &c., 

Devawongse, 

Minister  for  Foreign  Affairs. 

Mr.  Paget  to  Prince  Devawongse. 

March  10,  1909. 

M.  Le  Ministre, 

With  reference  to  the  guarantee  contained  in  the  first 
paragraph  of  Article  4 of  the  Jurisdiction  Protocol,  I 
have  the  honour  to  state  that  His  Majesty’s  Government 
will  be  prepared  in  due  course  to  consider  the  question  of 
modification  of  or  release  from  this  guarantee  when  it 
shall  no  longer  be  needed.  His  Majesty’s  Government  are 
also  willing  that  in  any  negotiations  in  connection  with 
such  a modification  or  release  the  matter  shall  be  treated 
upon  its  merits  alone,  and  not  as  a consideration  for 
which  some  other  return  shall  be  expected. 

His  Majesty’s  Government  learn  with  much  satisfac- 
tion that  it  is  the  intention  of  the  Siamese  Government 
to  maintain  the  high  standard  in  the  administration  of 
justice  which  it  has  set  before  it,  and  towards  which  it  has 
been  working  for  some  time;  and  I may  assure  your  Royal 
Highness  that  it  will  be  the  aim  of  His  Majesty’s  Govern- 
ment in  every  manner  to  second  the  efforts  of  His 
Siamese  Majesty’s  Government  in  this  direction. 

I wish  also  to  say  that  the  International  Courts 
referred  to  in  section  1 of  the  Protocol  on  Jurisdiction 
annexed  to  the  Treaty  signed  to-day  need  not  necessarily 

be  Courts  specially  organized  for  this  purpose.  Provin- 

2 


225 


cial  (“Monthon”)  Courts  or  District  (“Muang”)  Courts 
may  constitute  International  Courts,  according  as  British 
subjects  may  be  established  in  greater  or  less  number 
within  the  jurisdiction  of  those  Courts.  The  fact  that  an 
ordinary  Court  is  designated  as  an  International  Court 
will  have  as  a consequence  the  introduction  into  that 
ordinary  Court  of  all  the  provisions  relating  to  Inter- 
national Courts  secured  by  the  Protocol  on  Jurisdiction. 

Ralph  Paget. 


Annex. 

Memorandum  explanatory  of  the  circumstances 

WHICH  RENDER  A MODIFICATION  OF  THE  PRESENT  SYSTEM 

of  British  Extra-territorial  Jurisdiction  in  Siam  de- 
sirable, WITH  NOTES  ON  THE  POSITION  OF  BRITISH  SUB- 
JECTS IN  RELATION  TO  SIAMESE  JURISDICTION  UNDER  THE 

new  Treaty. 

By  the  Anglo-Siamese  Treaty  of  1855  full  extra-terri- 
torial privileges  were  guaranteed  to  British  subjects  in 
Siam.  Comparatively  little  being  then  known  concerning 
Siamese  laws  and  customs,  it  was  considered  necessary 
by  the  British  negotiators  that  British  subjects  for  their 
security  should  be  placed  under  the  sole  jurisdiction  and 
control  of  their  Consular  authorities  ; and  as  the  British 
subjects  in  Siam  at  that  time  were  exceedingly  few,  and 
consisted  mostly  of  Europeans  resident  in  or  trading  to 
Bangkok,  it  is  unlikely  that  the  Siamese  Government 
themselves  attached  any  special  importance  to  exercising 
jurisdiction  over  them,  or  that  they  suffered  any  incon- 
venience from  not  doing  so.  Moreover,  whilst  under  the 

1855  Treaty  British  subjects  gained  the  privileges  of 
z 


226 


extra  territoriality,  they  also  by  the  same  Treaty,  incurred 
certain  disabilities  in  respect  of  the  right  to  hold  land, 
of  travelling,  or  residing  beyond  the  somewhat  narrow 
limits  laid  down  in  the  Treaty.  The  provisions  to  this 
effect  being  originally  no  less  binding  than  the  provisions 
which  establish  Consular  jurisdiction,  it  was  only  within 
a restricted  area  that  the  administrative  difficulties  insep- 
arable from  a system  of  extra-territoriality  were  present. 

The  arrangement  thus  entered  into  might,  no  doubt, 
have  remained  suitable  for  all  time  had  no  change  taken 
place  in  the  numbers  and  character  of  the  British  com- 
munity in  Siam.  But,  with  the  opening  up  of  the  country, 
Burmese,  Shans,  and  other  Asiatics  entitled  to  British 
protection  gradually  entered  the  northern  provinces  in 
increasing  numbers  until  the  Siamese  Government  were 
confronted  by  the  fact  that  in  one  portion  of  their  domin- 
ions there  existed  a considerable  native  population  which, 
having  regard  to  the  stipulations  of  the  1855  Treaty,  was 
on  the  one  hand  entitled  to  the  privileges  of  extra-terri- 
toriality and  on  the  other,  strictly  speaking,  debarred  from 
residing  there  at  all. 

To  meet  the  altered  conditions  for  which  the  provi- 
sions of  the  1855  Treaty  had  become  unsuitable  a separate 
Treaty  was  concluded  in  1883,  relating  to  the  northern 
provinces  alone,  by  which  British  subjects  were  placed 
under  Siamese  jurisdiction  in  a so-called  International 
Court,  in  which  the  British  Consul  had  the  right  to  sit, 
with  the  only  reservation  that  the  Consul  should  possess 
the  right  of  transferring  any  case  in  which  a British  sub- 
ject might  be  defendant  or  accused,  to  his  own  Court. 
The  reasons  which  called  for  a new  Treaty  in  the  north 

now  equally  exist  in  Bangkok  and  other  parts  of  Siam 
•& 


227 


where  British  subjects  are  to  be  found  in  considerable 
numbers,  and  hence  it  follows  that  the  1855  Treaty  is 
no  less  unsuitable  there  than  in  the  northern  provinces. 
A closer  examination  of  this  question  will  indeed  show 
that  the  Siamese  Courts  in  the  capital  being  indubitably 
of  a higher  standard  and  under  more  strict  supervision 
than  those  of  the  provinces,  consequently  also  more  fa- 
vourable for  the  security  of  British  subjects,  the  abandon- 
ment of  extra  territoriality  in  the  north  while  insisting 
on  its  maintenance  in  Bangkok,  would  constitute  an 
anomaly.  There  appears,  furthermore,  no  satisfactory 
reason  why  one  section  of  British  subjects  should  en- 
joy the  privilege  of  complete  British  jurisdiction,  while 
others  are  amenable  to  the  International  Courts. 

Some  modification  of  the  hitherto  existing  jurisdiction 
arrangements,  to  the  extent  at  least  of  applying  the  Inter- 
national Court  system  to  every  part  of  Siam,  has  been  felt 
to  be  requisite.  In  connection  with  any  change  of  the 
sort,  however,  beyond  the  reasons  above  adduced,  various 
additional  factors,  such  as  the  desire  of  British  subjects 
to  acquire  the  right  to  hold  land — a right  already  acquired 
by  French  subjects  under  the  1907  Franco-Siarnese  Con- 
vention— the  codification  of  Siamese  law,  and  the  very 
creditable  and  successful  efforts  made  by  the  Siamese 
Government  to  improve  the  standard  of  their  judicial 
administration  have  had  to  be  taken  into  account.  The 
negotiations,  which  have  terminated  in  the  new  Treaty, 
were  commenced  some  five  years  ago,  and  many  different 
proposals  have  been  from  time  to  time  discussed  without 
success.  The  Siamese  Government  not  unnaturally  de- 
sired the  complete  abolition  of  British  extra-territoriality, 

whilst  His  Majesty’s  Government  were  not  prepared  to 
2 


228 


entertain  the  idea  of  so  sweeping  a change.  The  fact, 
however,  that  important  concessions  would  have  to  be 
made  to  the  Siamese  Government  respecting  extra-ter- 
ritoriality became  increasingly  apparent,  more  especially 
so  after  the  conclusion  of  the  Franco-Siamese  Treaty  in 
the  spring  of  1907.  The  solution  which  has  eventually 
presented  itself,  and  which  appears  to  satisfy  both  British 
and  Siamese  requirements,  is  that  British  subjects  shall 
become  amenable  to  Siamese  jurisdiction,  while  the  Si- 
amese Government  should  furnish  guarantees  to  insure 
a satisfactory  administration  of  justice.  These  guaran- 
tees, which  consist  in  the  employment  of  Europeans  in 
certain  capacities  in  the  Siamese  Courts,  appear  as  sub- 
stantial as  any  the  Siamese  Government  could  well  con- 
cede, and  as  adequate  as  any  which  could  with  fairness  be 
desired. 

The  fact  that  the  rights  of  European  and  Asiatic 
British  subjects  in  the  Court  of  First  Instance  are  slightly 
dissimilar  may  possibly  attract  attention.  The  dissimilar- 
ity, however,  is  more  apparent  than  real.  The  principle 
which  has  here  been  followed  is  that  either  race  shall  be 
justiciable  by  a Judge  of  similar  race,  and  this  arrange- 
ment appears  to  he  the  most  equitable. 

In  reference  to  the  subject  of  personal  security  gen- 
erally, a perusal  of  the  Treaty  and  inquiry  into  the  actual 
conditions  existing  in  Siam  will  make  it  evident  that 
British  subjects  in  Siam  stand  in  a far  more  favourable 
position  than  British  subjects  in  other  non-extra-terri- 
torial countries  where  no  guarantees  of  any  kind  exist  in 
the  Courts,  and  where  the  good  offices  of  the  British 
Diplomatic  or  Consular  officials  constitute  the  sole  pro- 
tection and  support  in  any  legal  proceedings,  a resource 
2 


229 


which  is  of  course  also  still  open  to  British  subjects  in 
Siam. 

As  regards  the  transfer  to  Great  Britain  of  jurisdic- 
tion over  the  territories  referred  to  in  the  Treaty,  it  may 
also  be  pointed  out  that  owing  to  their  distance  from 
Bangkok  and  the  difficulties  of  communication,  especi- 
ally during  the  north-east  monsoon,  it  was  impossible  for 
Siam  to  control  their  administration  effectively.  The 
people  are  Malays  and  Mahommedans,  like  the  natives 
of  the  States  to  the  south  wrhich  form  the  Federated 
Malay  States.  The  administration  of  the  States  is  at 
present  self-supporting,  and  there  is  no  reason  to  fear 
that  it  wrill  become  a burden  either  on  the  Federated 
Malay  States  or  the  British  tax-payer. 

The  possession  of  the  fine  harbour  of  Langkawi  is  a 
matter  of  considerable  importance  in  connection  wdth  the 
trade  route  to  the  Far  East. 

While  enabling  Siam  to  consolidate  her  power  and 
render  her  administration  effective  in  the  northern  part  of 
the  peninsula  which  remains  to  her,  the  transfer  will  lead 
to  a great  expansion  of  the  trade  and  commerce  which 
finds  an  outlet  through  the  ports  of  the  Straits  Settle- 
ments. 

The  transfer  of  Kedah,  the  opium  farm  for  which  has 
always  been  let  w ith  the  Penang  farm,  will  greatly  facili- 
tate the  carrying  out  in  Penang  of  the  recommendations 
of  our  Opium  Commission. 


2 


230 


Denmark, 

1913. 

Treaty  between  Denmark  and  Siam  defining  the 
Jurisdiction  to  be  Exercised  over  Danish  Subjects  in 
Siam. — Copenhagen,  March  15,  1913. 

(Ratifications  exchanged  at  Bangkok,  July  12,  1913.) 

His  Majesty  the  King  of  Denmark  and  His  Majesty 
the  King  of  Siam,  desirous  of  improving  the  relations 
existing  between  the  two  countries  by  a recognition, 
through  the  introduction  of  a new  plan  of  jurisdiction  of 
the  altered  conditions  in  Siam  since  the  signature  of  the 
Treaty  of  the  24th  March,  1905,  and  by  an  extension  of 
the  rights  of  Danish  citizens  in  Siam,  have  decided  to 
conclude  a new  Treaty,  and  have  appointed  for  this  pur- 
pose as  their  Plenipotentiaries : 

His  Majesty  the  King  of  Denmark:  Carl  William 
Count  Ahlefeldt  Laurvig,  his  Minister  for  Foreign 
Affairs,  &c. ; and 

His  Majesty  the  King  of  Siam  : Pliya  Sridhamasasana, 
his  Envoy  Extraordinary  and  Minister  Plenipotentiary; 

Who,  duly  empowered,  have  agreed  upon  and  con- 
cluded the  following  Articles : — 

Art.  I.  The  jurisdiction  hitherto  exercised  in  Siam  by 
the  Danish  Consul  or  the  Danish  Consular  Court  is 
hereby  transferred  to  the  Siamese  Government  in  accord- 
ance with  the  provisions  of  the  following  Articles : — 

II.  In  regard  to  the  trial  of  cases,  the  two  Govern- 
ments have  agreed  to  substitute  the  following  in  place  of 


231 


the  provisions  contained  in  the  Convention  of  the  24th 
March,  1905: — 

All  Danish  subjects  in  Siam  shall  hereafter  be  subject 
to  the  jurisdiction  of  the  ordinary  Siamese  Courts:  pro- 
vided that  all  Danish  subjects  registered  at  the  Danish 
Consulate  before  the  date  of  the  ratification  of  this  Treaty 
shall  be  subject  to  the  jurisdiction  of  the  Siamese  Inter- 
national Courts  under  the  conditions  hereinafter  defined. 

III.  The  jurisdiction  of  the  International  Courts  shall 
extend : — 

1.  In  civil  matters : to  all  civil  and  commercial  matters 
to  which  Danish  subjects  shall  be  parties. 

2.  In  penal  matters : to  all  breaches  of  law  of  every 
kind,  whether  committed  by  Danish  subjects  or  to  their 
injury. 

IV.  In  cases  in  the  International  Courts  where  the 
defendant  or  accused  is  a Danish  subject  the  Danish 
Consul  may,  at  any  time  before  judgment  in  the  Court 
of  First  Instance,  by  means  of  a written  requisition,  evoke 
the  case,  if  he  shall  think  proper  in  the  interests  of 
justice. 

Such  cases  shall  then  be  transferred  for  adjudication 
to  the  Danish  Consul,  who  from  this  moment  shall  alone 
be  competent  and  to  whom  the  Siamese  authorities  shall 
be  bound  to  give  their  assistance. 

The  right  of  evocation  in  the  International  Courts 
shall  cease  to  be  exercised  in  all  matters  coming  within 
the  scope  of  codes  or  laws  regularly  promulgated,  as 
soon  as  the  text  of  such  codes  or  laws  shall  have  been 
communicated  to  the  Danish  Diplomatic  Representative 


232 


at  Bangkok.  There  shall  be  an  understanding  between 
the  Siamese  Minister  for  Foreign  Affairs  and  the  Danish 
Diplomatic  Representative  at  Bangkok  for  the  disposal 
of  cases  pending  at  the  time  that  the  said  codes  and  laws 
are  communicated. 

V.  Appeals  against  the  decisions  of  the  International 
Courts  of  First  Instance  shall  be  adjudged  by  the  Siamese 
Court  of  Appeal  at  Bangkok. 

Notice  of  all  such  appeals  shall  be  communicated  to 
the  Danish  Consul,  who  shall  have  the  right  to  give  a 
written  opinion  upon  the  case  to  be  annexed  to  the  record. 

An  appeal  on  a question  of  law  shall  lie  from  the 
Court  of  Appeal  at  Bangkok  to  the  Supreme  or  Dika 
Court. 

VI.  The  system  of  International  Courts  shall  come 
to  an  end,  and  the  jurisdiction  of  those  Courts  shall  be 
transferred  to  the  ordinary  Siamese  Courts  after  the  pro- 
mulgation and  the  coming  into  force  of  all  of  the  follow- 
ing Siamese  Codes,  namely,  the  Penal  Code,  the  Civil  and 
Commercial  Codes,  the  Codes  of  Procedure,  and  the  law 
for  the  Organization  of  Courts. 

VII.  In  all  cases  brought  before  the  ordinary  Siamese 
Courts,  as  well  as  before  the  International  Courts,  Danish 
subjects  shall  enjoy,  on  similar  conditions,  equal  rights 
and  advantages  with  those  which  the  Siamese  Government 
has  already  granted  or  which  it  may  grant  to  the  citizens 
or  subjects  of  any  other  nation. 

The  benefit  of  the  treatment  of  the  most  favored 
nation  is,  at  the  present  moment,  particularly  extended : 


233 


1.  To  the  right  of  the  defendant  or  accused  in  any 
case  arising  in  the  provinces  to  apply  for  a change  of 
venue  to  Bangkok. 

2.  To  the  sitting  of  European  legal  advisers,  either  in 
the  capacity  of  advisers  or  in  the  capacity  of  judges,  in 
any  of  the  different  grades  of  Courts  of  either  class. 

VIII.  No  plea  of  want  of  jurisdiction  based  on  the 
rules  prescribed  by  the  present  Treaty  shall  be  advanced 
in  any  Court  after  a defence  on  the  main  issue  has  been 
offered. 

IX.  In  order  to  prevent  difficulties  which  may  arise 
in  future  from  the  transfer  of  jurisdiction  contemplated 
by  the  present  Treaty,  it  is  agreed : 

(a.)  All  eases  in  which  action  shall  be  taken  subse- 
quently to  the  date  of  the  ratification  of  this  Treaty  shall 
be  entered  and  decided  in  the  International  or  Siamese 
Court,  whether  the  cause  of  action  arose  before  or  after 
the  date  of  ratification. 

(6.)  All  cases  pending  in  the  Danish  Court  in  Siam 
on  the  date  of  the  ratification  of  this  Treaty  shall  take 
their  usual  course  in  such  Court  and  in  any  Appeal  Court 
until  such  cases  have  been  finally  disposed  of,  and  the 
jurisdiction  of  the  Danish  Court  shall  remain  in  full  force 
for  this  purpose. 

The  execution  of  the  judgment  rendered  in  any  such 
pending  case  shall  be  carried  out  by  the  International 
Courts. 

X.  Danish  citizens  and  subjects  shall  enjoy  through- 
out the  whole  extent  of  Siam  the  rights  and  privileges 

•i 


234 


enjoyed  by  the  natives  of  the  country,  notably  the  right 
of  property,  the  right  of  residence  and  travel. 

They  and  their  property  shall  be  subject  to  all  taxes 
and  services,  but  these  shall  not  be  other  or  higher  than 
the  taxes  and  services  which  are  or  may  be  imposed  by  law 
on  Siamese  subjects. 

Danish  subjects  in  Siam  shall  be  exempted  from  all 
military  service,  either  in  the  army  or  navy,  from  all 
forced  loans  or  military  exactions  or  contributions. 

Limited  liability  and  other  companies  and  associa- 
tions, commercial,  industrial,  and  financial,  already  or 
hereafter  to  be  organized  in  accordance  with  the  laws 
of  either  High  Contracting  Party,  are  authorized  in  the 
territories  of  the  other,  to  exercise  their  rights  and  ap- 
pear in  the  Courts  either  as  plaintiffs  or  defendants,  sub- 
ject to  the  laws  of  such  other  party. 

The  foregoing  stipulation  has  no  bearing  upon  the 
question  whether  a company  or  association  organized  in 
one  of  the  two  countries  will  or  will  not  be  permitted  to 
transact  its  business  or  industry  in  the  other,  this  per- 
mission remaining  always  subject  to  the  laws  and  regula- 
tions enacted  or  established  in  the  respective  countries 
or  in  any  part  thereof. 

XI.  The  provisions  of  all  Treaties,  Agreements,  and 
Conventions  between  Denmark  and  Siam,  not  modified 
by  the  present  Treaty,  remain  in  full  force. 

XII.  The  present  Treaty  shall  be  ratified,  and  the 
ratifications  shall  be  exchanged  at  Bangkok  within 
six  months  from  its  date,  and  shall  come  into  force  imme- 
diately after  the  exchange  of  ratifications. 


235 


In  witness  whereof  the  respective  Plenipotentiaries 
have  signed  the  present  Treaty  and  affixed  thereto  their 
seals. 

Done  at  Copenhagen,  in  duplicate,  the  15th  day  of 
March,  in  the  year  1913. 

(L.  s.)  C.  W.  Ahlefeldt  Laurvig. 

(l.  s.)  Phya  Sridhamasasana. 


LIBRARY 

ew  York 


C5380 


2 


